Case law

Cox v. United States

District Court, N.D. Texas · Dec 4, 2023

A mere challenge to the attorney’s strategy or choice of certain theories does not establish ineffective assistance of counsel. Coble v. … Mere nudity is insufficient to qualify as sexually explicit conduct. United States v. Steen, 634 F.3d 822, 826–28 (5th Cir. 2011).

Maiden Biosciences Inc v. Document Security Systems Inc

District Court, N.D. Texas · Nov 19, 2021

“To establish a claim under TUFTA, a plaintiff must prove inter alia that (1)[it] is a ‘creditor’ with a claim against a ‘debtor.’” Clapper v. Am. Realty Inv’rs, Inc., 2015 WL 3504856, at *6 (N.D. Tex. … The statute clearly states, however, that a “claim” includes the filing of a disputed suit not yet reduced to judgment.

Wilson (Thomas) v. Deutsche Bank Trust Company Americas

District Court, N.D. Texas · Nov 7, 2019

To obtain a Rule 12(b)(6) dismissal based on an affirmative defense, the “successful affirmative defense [must] appear[] clearly on the face of the pleadings.’” Cochran v. Astrue, 2011 WL 5604024, at *1 (N.D. Tex. … The current version of the Act excludes from gross income “qualified principal residence indebtedness which is discharged before January 1, 2018,” or “[qualified principal residence indebtedness] subject to an arrangement

Esquivel v. Fudge

District Court, N.D. Texas · Aug 31, 2023

App. 34-35), asserting that the Bank of America correspondence is “hearsay, contains hearsay within hearsay, and it is not evident how the correspondence would be within declarant’s personal knowledge or qualifies as a … William’s Declaration or the related Exhibits are clearly inadmissible hearsay or lack a basis of personal knowledge, or generally fail to satisfy the admissibility requirements under the Federal Rules of Evidence, the

Weinberg v. Commissioner of Social Security

District Court, N.D. Texas · Mar 25, 2020

In that particular case, the Fifth Circuit noted that the record contained a vast amount of evidence establishing that the claimant had a back problem, but it did not clearly establish the effect the condition had on his … extent of the claimant's impairment substantially supported the ALJ’s RFC assessment because it was unable to determine the effects of the claimant's condition, no matter how small, on his ability to work absent reports from qualified

Beatty

District Court, N.D. Texas · Sep 3, 2026

The Sequential Evaluation Process “In order to qualify for disability insurance benefits or [supplemental security income], a claimant must suffer from a disability.” … El Neil, 2024 WL 265870, at *3, *5 (finding that because “[t]he record does not clearly establish the effects of [the claimant’s] mental impairments on her ability to work,” the ALJ’s mental RFC assessment was not supported

Heatcraft Refrigeration Products LLC v. Freezing Equipment Company LLC

District Court, N.D. Texas · Mar 31, 2022

if it had not been locked out of Heatcraft’s system and had been allowed to continuing performing under the contract until the end of December 2020.6 The court need not determine whether Defendant’s lost profit damages qualify … FEC contends that: (1) the Agreement does not allow Heatcraft to retroactively change the commission schedule for commissions already earned by FEC, and that “no fact issue exists” in this regard; (2) the Agreement clearly

Moreno

District Court, N.D. Texas · Aug 10, 2026

The Sequential Evaluation Process “In order to qualify for [supplemental security income], a claimant must suffer from a disability.” … The Court’s inability to clearly determine whether the ALJ adequately considered certain limitations or not constitutes reversible error.” Joy C.- L, 2024 WL 3527855, at *5 (quoting Gonzales v.

Frankfort v. Metropolis Technologies Inc

District Court, N.D. Texas · Aug 29, 2025

See e.g., Gipson, 2013 WL 3746003, at *2 (dismissing FDCPA claim because plaintiffs failed to plead sufficient facts that defendant qualified as a debt collector under the statute). … And contrary to Plaintiffs’ claims, these signs clearly warn parkers that they will be subject to a fine or other penalties if they fail to pay for parking.

Angelina Emergency Medicine Associates PA v. Health Care Service Corporation

District Court, N.D. Texas · Jan 9, 2024

(3) Plaintiffs were never clearly and unambiguously instructed where the appeals were supposed to be sent (but if anything they were told to submit to BCBSTX), and (4) appealing was futile because BCBSTX failed to … Plaintiffs are not required to establish ERISA estoppel to raise a genuine issue of material fact as to exhaustion.

BHI Energy I Power Services LLC v. KVP Holdings LLC

District Court, N.D. Texas · Aug 29, 2024

A single failure to comply with Local Rules qualifies as an inadvertent oversight. … In addition to the fact that BHI has sought leave to file its reply brief, the referring Order clearly states that, “The court will strike or disregard any reply brief filed in violation of this order.”

Sanchez v. Dallas County Sheriff

District Court, N.D. Texas · May 22, 2020

hours, a list of all individuals detained in the jail who are age 50 or older or who have lung disease, heart disease, chronic liver or kidney disease, diabetes or other endocrine disorders, hypertension, a compromised immune … Plaintiffs also ask the Court to order a plan which will be overseen by a qualified public health expert who shall be authorized to make unannounced visits to the jail.

The Charitable DAF Fund, L.P. v. Highland Capital Management LP

District Court, N.D. Texas · Sep 28, 2022

law de novo.16 A finding of fact is clearly erroneous when “the reviewing court is left with the definite and firm conviction that a mistake has been committed.”17 III. … inferior officers’ are officers whose work is directed and supervised at some level by others who were appointed by Presidential nomination with the advice and consent of the Senate.”149 The Coast Guard judges qualified

Securities and Exchange Commission v. Faulkner

District Court, N.D. Texas · Sep 2, 2021

The receivership—and thus qualifying investor claimants—would be deprived of $132 million in settlement proceeds. … And in some respects, the Rules of Evidence clearly do not apply.

Linenweber v. Southwest Airlines Co

District Court, N.D. Texas · Sep 19, 2023

Assuming investors paid a premium for Southwest shares because they believed the FAA regulated Southwest more heavily rather than less heavily, Plaintiffs’ doubly- qualified contention that Southwest “may have devised a … Plaintiffs fail to plead that Kelly and Romo’s certification that they designed, established, and maintained disclosure controls was false or misleading.

Torres v. Chambers Protective Services, Inc.

District Court, N.D. Texas · Aug 5, 2021

“From the statutory text, ‘similarly situated,’ as required for pursuit of an FLSA collective action, clearly differs from ‘identically situated[]’”; thus, a plaintiff “need not establish identical situations to carry [ … “To determine if a worker qualifies as an employee, [courts] focus on whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”

Porras v. Berryhill

District Court, N.D. Texas · Mar 19, 2020

On April 15, 2011, Plaintiff established treatment with Hector Gonzalez, D.O., for her back pain. (Id. at 732-37.) … To be relevant, the retrospective opinion cannot simply express an opinion on the claimant’s current status; it must clearly reference the relevant period of disability. McLendon v. Barnhart, 184 F.

EuroTec Vertical Flight Solutions LLC v. Safran Helicopter Engines

District Court, N.D. Texas · Aug 1, 2019

Repair Centers within the United States qualified to provide all levels of repair and overhaul of the engine and fuel control unit other than Turbomeca USA, Inc.. … Tortious Interference with Business Relationships The Complaint does not clearly state whether Plaintiff is alleging tortious interference with an existing or prospective business relationship. See Third Am.

NexPoint Advisors LP v. Kirschner

District Court, N.D. Texas · Jun 28, 2024

A finding is clearly erroneous and reversible only if, based on the entire evidence, the reviewing court is left “with the definite and firm conviction that a mistake has been made.” … “A proof of claim, however, does not qualify for that prima facie evidentiary effect if it is not executed and filed in accordance with the Bankruptcy Rules.”

Keplar v. Google LLC

District Court, N.D. Texas · Mar 8, 2024

As to the deposition of Phil Moyer, assuming that he qualifies as a high-level executive subject to the federal counterpart of Texas’s “Apex doctrine,” the Court finds that his testimony regarding his … United States, 4 F.3d 1313, 1322 n.23 (5th Cir. 1993) (“Rule 37(b) clearly indicates that district courts have authority to grant a broad spectrum of sanctions.”).