Case law

Davis v. Winters Independent School District

359 F. Supp. 1065 · District Court, N.D. Texas · Jun 4, 1973

Mathis in addition to being qualified to teach social studies was also qualified in math. In fact a teacher qualified in mathematics was hired to succeed her. … The Winters Independent School District has specifically refrained from adopting the continuing contract law, and even though it has not been required to drop teachers by non-renewal in past years, it was clearly understood

Baker v. Aetna Life Insurance Co.

260 F. Supp. 3d 694 · District Court, N.D. Texas · May 9, 2017

The court therefore enters judgment in favor of Aetna. 2 I Baker is an employee of L-S Communications Integrated Systems, LP (“L-3”) and a participant in the company’s ERISA-qualified health benefits plan (“Health Plan”) … Aetna maintains that objective medical evidence in Baker’s records establishes that breast augmentation was cosmetic in her case.

Scales v. Klusmeyer

District Court, N.D. Texas · May 28, 2020

Klusmeyer further argues that he is entitled to qualified immunity for claims asserted against him in his individual capacity and that he is entitled to Eleventh Amendment immunity for claims asserted against him in his … The Court further finds that Defendant Klusmeyer is entitled to qualified immunity. His actions were objectively reasonable under the circumstances.

Federal Savings & Loan Insurance v. T.G. Partners II, Ltd.

682 F. Supp. 894 · District Court, N.D. Texas · Mar 25, 1988

Defendants contend that the proviso operates in this action to defeat this Court’s jurisdiction, since FSLIC’s Complaint admits that it sues as “receiver,” and FSLIC’s suit is clearly instituted to collect on a debt. … “Arising under jurisdiction” is established by clause (B), in cases where FSLIC is a party to the suit. Id.

Peterson v. Bell Helicopter Textron, Inc.

901 F. Supp. 2d 846 · District Court, N.D. Texas · Oct 3, 2012

Peterson first asserts that he was clearly better qualified than the retained employees because he had more “years of experience with [Bell]” and “more experience selling aircraft.” (Resp. 24, 39.) … qualified than retained employees.

Carrabba v. Randalls Food Markets, Inc.

38 F. Supp. 2d 468 · District Court, N.D. Texas · Feb 18, 1999

“that this program and the individual plans established hereunder be administered as unfunded welfare benefit plans established and maintained for a select group of management or highly compensated employees.” … Cullum by letter in January 1975 that ERISA “clearly exempts the Cullum Companies Management Security Plan from nearly all the provisions of [ERISA].” Defs.’ Ex. 1.

Green v. Medco Health Solutions of Texas, LLC

947 F. Supp. 2d 712 · District Court, N.D. Texas · May 27, 2013

Prima Facie Case A plaintiff who alleges discrimination on the basis of a disability establishes a prima facie case under the ADA by showing that “1) he has a disability; 2) he is qualified for the position in which he seeks … To establish a prima facie case for a failure to accommodate under the ADA, an individual must show that “(1) he had a disability; (2) he was qualified for the job; (3) [his employer] knew of the disability; (4) he requested

Davis v. City of Dallas

748 F. Supp. 1165 · District Court, N.D. Texas · Jun 14, 1990

To rebut the presumption of discrimination established by a plaintiff who has made out a prima facie case of adverse disparate impact, “the defendant must clearly set forth, through the introduction of admissible evidence … GUIDELINES FOR ESTABLISHING DAMAGES IN THIS CASE The Court finds as follows: 1.

Dallas Gay Alliance, Inc. v. Dallas County Hospital District

719 F. Supp. 1380 · District Court, N.D. Texas · Aug 11, 1989

The Court finds that Defendants have the bona fide and expressed intent to continue providing AZT to all qualified patients at Parkland’s AIDS Clinic. 10 Dr. … Plaintiffs also do not dispute that even after this Court dissolved that order, Defendants have continued to provide aerosolized pentamidine to qualified patients.

Texas Instruments, Inc. v. United States

407 F. Supp. 1326 · District Court, N.D. Texas · Jan 20, 1976

Plaintiff and its subsidianes have established a qualified pension trust under Section 401 of the Internal Revenue Code for the benefit of their 23,000 employees. … Private investment in qualified pension trusts is tax deductible.

Salazar v. U.T.M.B. C.M.C.

District Court, N.D. Texas · Sep 28, 2020

Plaintiff disagrees with the treatment decisions made by Defendants, but he has not established that that-any of the individual Defendants intentionally treated him incorrectly or were otherwise deliberately indifferent … For example, Plaintiff objects to the Magistrate Judge’s finding that UTMB-CMC is immune from suit under the Eleventh Amendment, and that likewise all official capacity claims should be dismissed because they are immune

Belmonte v. MedStar Mobile Healthcare

District Court, N.D. Texas · Sep 4, 2020

UTSW POSSESSES ELEVENTH AMENDMENT IMMUNITY AND IS NOT SUBJECT TO SUIT “[I]t is established that an unconsenting State is immune from suits brought in federal court … Thus, MedStar is a governmental entity entitled to governmental immunity. In Texas “sovereign immunity is waived only when the Legislature has clearly and unambiguously expressed that intent.”

Clark v. Clegg

District Court, N.D. Texas · Apr 22, 2025

Clark has failed to plausibly plead violations of the Fourth and - 2 - First Amendments, and to establish a private right of action under 18 U.S.C. … § 242, and Deputy Clegg has demonstrated that he is entitled to qualified and sovereign immunity. The court therefore grants the motion to dismiss, as amended.

Hurd v. Bac Home Loans Servicing, LP

880 F. Supp. 2d 747 · District Court, N.D. Texas · Mar 29, 2012

In addition, “it is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.” Norris v. Hearst Trust, 500 F.3d 454 , 461 n. 9 (5th Cir.2007); Cinel v. … To establish promissory estoppel, a plaintiff must establish: (1) a promise; (2) foreseeability of reliance on the promise by the promisor; and (3) substantial detrimental reliance by the promisee.

Areizaga v. ADW Corp.

314 F.R.D. 428 · District Court, N.D. Texas · Apr 4, 2016

The federal work product doctrine, as codified by Federal Rule of Civil Procedure 26(b)(3), provides for the qualified protection of documents and tangible things prepared by or for a party or that party’s representative … And, “[u]nlike the attorney-client privilege, the burden of proving waiver of work product immunity falls on the party asserting waiver.” Brady, 238 F.R.D. at 444 .

Davis v. The City of Dallas, Texas

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

and Defendant Terry has asserted that the facts and law entitle him to a finding of qualified immunity. … Likewise, the court determines that a finding of qualified immunity is unnecessary, as the jury returned a verdict in favor of Defendant Terry on the merits. VI.

United States v. Wagner

940 F. Supp. 972 · District Court, N.D. Texas · Mar 12, 1996

Section 202.003(b) clearly applies to all restrictive covenants. 14 Tex.Prop.Code Ann. § 202.002(a). 21. … OF AGE AND QUALIFIED TO SIGN THIS PETITION. [[Image here]] . See attachments. 2 .

Owner Operator Independent Drivers Ass'n v. FFE Transportation Services, Inc.

245 F.R.D. 253 · District Court, N.D. Texas · Jun 15, 2007

Plaintiffs Fail to Establish That A Class Action Is Appropriate Under Rule 23(B) FFE opposes the Plaintiffs’ motion for class certification on the grounds that, even assuming the Plaintiffs can establish the Rule 23(a) prerequisites … See Allison, 151 F.3d at 418 (“Given the degree to which recovery of compensatory and punitive damages requires individualized proof and determinations, they clearly do not qualify as incidental damages in this case.”).

Hendrix v. Bell Helicopter Textron Inc.

634 F. Supp. 1551 · District Court, N.D. Texas · May 23, 1986

Under this test, a supplier of military equipment is not liable for design defects where: (1) the United States is immune from liability under the Feres-Stencel doctrine; 1 (2) the United States established or approved reasonably … In fact, the evidence clearly establishes that Bell exercises absolutely no control over a UH-1H helicopter after it is accepted by the government.

Murkeldove v. Astrue

635 F. Supp. 2d 564 · District Court, N.D. Texas · Jul 14, 2009

USDA 81 F.3d 578 , 580 (5th Cir.1996) (“Because EAJA is a partial waiver of sovereign immunity, it must be *572 strictly construed in the government’s favor.”). … “If the statute speaks clearly to the precise question at issue, [the court] must give effect to the unambiguously expressed intent of Congress.” Reeves v.