Case law

In re J. S. Patterson & Co.

125 F. 562 · District Court, N.D. Texas · Apr 17, 1903

establishes the truthfulness of Henry Hermann’s evidence, and that the Cincinnati house placed its main reliance and extended credit on the financial statement. … It will be noticed that the words “true and accurate,” as used, do not qualify the particular items of the statement, but qualify the “statement of our assets and liabilities,” so that they vouch for the truthfulness and

Texas v. United States

95 F. Supp. 3d 965 · District Court, N.D. Texas · Mar 26, 2015

Plaintiffs argue that the text of this statute clearly forbids the situation at issue, in which a state, and in particular state agencies, are required to give effect to a federal regulation that confers a “right or claim … Defendants add that there is no ripe dispute about Texas's sovereign immunity claim because that issue would ripen only were Texas sued by a citizen. Defs.’ Opp'n 10, ECF No. 11.

American Federation of Government Employees Local 1 v. Stone

342 F. Supp. 2d 619 · District Court, N.D. Texas · Nov 2, 2004

Generally, the Court may not look beyond the pleadings, except in instances where public officials’ qualified immunity is raised. Compare Mahone v. Addicks Util. Dist., 836 F.2d 921, 936 (5th Cir.1988) with Babb v. … The [Administrator] shall establish levels of compensation and other benefits for individuals so employed.” 49 U.S.C. § 323 (a); 49 U.S.C. § 44935 (note).

Chu v. Texas

572 B.R. 177 · District Court, N.D. Texas · Sep 8, 2015

Factual Background Appellant Chu is an orthodontist whose practice for the pertinent time period was based almost exclusively on patients qualifying for Medicaid. … But then Chu acknowledges that the requisite fraudulent intent may be satisfied, as the bankruptcy court found, by a demonstration of a debtor’s reckless disregard for the truth, established by circumstantial evidence.

Williams v. Richardson Independent School District

District Court, N.D. Texas · Aug 12, 2025

To establish a prima facie case of age discrimination under the ADEA in connection with the termination of his employment, Williams must show that “(1) he was discharged; (2) he was qualified for the position; (3) he was … Texas and its political subdivisions enjoy full immunity from tort claims, except to the extent the immunity is waived by the TTCA. Leeds v. Tex.

Starnes v. United States (In Re Starnes)

231 B.R. 903 · District Court, N.D. Texas · Nov 20, 1998

Those findings are supported by the record and are not clearly erroneous. Appellants insist that stock was issued to and purchased by Starnes and that such stock qualifies as § 1244 stock. … All of the documents on which Appellants relied to establish their losses for 1992 and 1993 were introduced at trial.

James v. Meinke

606 F. Supp. 125 · District Court, N.D. Texas · Dec 28, 1984

In order for an instrument to qualify as an “investment contract” or “an instrument commonly known as a security,” it must constitute “an investment in a common venture premised on a reasonable expectation of profits to be … Applying this test to the case at bar, plaintiffs’ guaranties are clearly securities.

Chaney v. Dallas Sheriff Office

District Court, N.D. Texas · May 21, 2025

Claims against Judge Magnis are barred by judicial immunity. “[A] judge generally has absolute immunity from suits for damages.” Davis v. … Although a prosecutor is entitled only to qualified immunity for certain administrative activities, see Van de Camp v.

Carroll v. Farooqi

486 B.R. 718 · District Court, N.D. Texas · Feb 19, 2013

A bankruptcy court’s “findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.” Fed. R. Bankr.P. 8013. … Specifically, Carroll argues that Farooqi is not a “consumer” within the meaning of the DTPA because the allegations of the Complaint do not suffice to establish consumer status.

Brown v. United States

377 F. Supp. 530 · District Court, N.D. Texas · Jun 25, 1974

Plaintiff clearly was not provided with procedural due process in three ways. … Clearly, there was never a showing of any administrative inconvenience and the witnesses should have been produced at the hearing before the Assistant Hearing Examiner.

Vuyanich v. Republic Nat. Bank of Dallas

521 F. Supp. 656 · District Court, N.D. Texas · Aug 4, 1981

Once the plaintiff has eliminated such reasons, the Court explained, the defendant must clearly articulate a legitimate, non-discriminatory explanation for the result in order to dispel the inference of discrimination generated … In so establishing, Defendant may show that there was no vacancy at the time in question; that the claimant was not qualified for the position in question; that the “claimed” position was in fact filled by another minority

Chambers v. Dallas County Commissioners Court

District Court, N.D. Texas · Aug 18, 2025

Similarly, Chambers has not established that the Dallas County Commissioners Court is a jural entity with a separate legal existence from Dallas County. See, e.g., Daniel v. Dallas Cnty. … Although a prosecutor is entitled only to qualified immunity for certain administrative activities, see Van de Camp v.

Coberly v. Christus Health

829 F. Supp. 2d 521 · District Court, N.D. Texas · Nov 3, 2011

Defendant also moved for summary judgment on the grounds that Coberly qualifies for the administrative exemption. … This is so because, despite the language in the letter, the evidence clearly establishes that Coberly meets the definition of an exempt employee under the applicable regulations.

Alexander v. US (IRS, DEPT. OF TREASURY)

890 F. Supp. 598 · District Court, N.D. Texas · Jun 26, 1995

In Defendant’s original Motion To Dismiss, Defendant requested the Court to dismiss the ease because Plaintiff failed to establish a waiver of sovereign immunity with respect to his claims and the relief requested in his … Clearly, under the facts of this case, the IRS was not entitled to Alexander's money.

Anthology, Inc. v. Tarrant County College District

District Court, N.D. Texas · Jun 14, 2024

TCCD argues it qualifies as a unit of state government because it is an institution of higher education. See TEX. EDUC. … University systems, by statutory definition, qualify as units of state government. See TEX. GOV’T CODE § 2260.001(3)–(4).

Hall Arts Ctr. Office, LLC v. Hanover Ins. Co.

327 F. Supp. 3d 979 · District Court, N.D. Texas · Aug 27, 2018

An expert must be qualified. … "Whether an individual is qualified to testify as an expert is a question of law.... Rule 702 does not mandate that an expert be highly qualified in order to testify about a given issue.

Rea v. Hospital Corp. of America

892 F. Supp. 821 · District Court, N.D. Texas · Sep 26, 1994

Rea and Johnson, the Defendants rely on the immunity provided by art. 4495b, § 5.06(f), V.A.T.S. … These included developing and following proper procedures for the ECU and establishing proper oversight review over the ECU.

Siesta Village Market, LLC v. Perry

530 F. Supp. 2d 848 · District Court, N.D. Texas · Jan 14, 2008

The Young doctrine carves out a narrow exception to such immunity, see P.R. … The statute’s challengers bear the initial burden of establishing discrimination. Allstate, 495 F.3d at 160 .

Equal Employment Opportunity Commission v. TXI Operations, L.P.

394 F. Supp. 2d 868 · District Court, N.D. Texas · Jan 13, 2005

Therein, Moore states that he has not “clearly delineated [Schlenker’s] role from [Fundling’s].” … As experience qualifies as a bona fide exemption to the EPA, the Court finds that Defendant establishes its affirmative defense. 11 *880 2.

Baylor University Medical Center v. Schweiker

571 F. Supp. 374 · District Court, N.D. Texas · Sep 13, 1983

On June 2, 1966, the Secretary published proposed regulations establishing “reasonable cost” reimbursement principles. 31 Fed.Reg. 7864 et seq. … Granted, some pre-1971 Medicare regulations may qualify for an exemption from APA rule making procedures under the “benefits” exception to section 553(a)(2). 4 However, as recently noted by the Supreme Court, “[i]t is well-established