Case law

Marsh v. Wells Fargo Bank, N.A.

760 F. Supp. 2d 701 · District Court, N.D. Texas · Jan 19, 2011

Improper joinder may be established in one of two ways: (1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of *706 action against the non-diverse party in state … Plaintiffs urge that in order to qualify for the protections of § 51.007, a trustee must do more than simply state that it holds a reasonable belief.

Pyle v. Beverly Enterprises-Texas, Inc.

826 F. Supp. 206 · District Court, N.D. Texas · Jul 14, 1993

It clearly alleges common law claims of negligence, intentional infliction of emotional distress, and breach of duty of good faith and fair dealing. … Because Texas law does not require that Beverly establish such a plan, it did not do so “solely for the purpose of complying with” the TWCA. See Diaz v.

Reyna v. Epiroc Drilling Solutions LLC

District Court, N.D. Texas · Nov 30, 2023

Although his ability to work within the role of an assembler alone may be insufficient to establish a qualifying disability under the ADA, Reyna alleges that the injury impairs his ability to perform at least one … To establish unlawful retaliation under the ADA, a plaintiff must establish: (1) he engaged in an activity protected by the ADA, (2) he suffered an adverse employment action, and (3) there is a causal connection between

Slavik v. Dr. Pepper Bottling Co. of Texas Employee Welfare Benefit Plan

867 F. Supp. 472 · District Court, N.D. Texas · Aug 31, 1994

However, the Oss court clearly and unequivocally adopted the “make whole” doctrine of subrogation. … Holliday, 498 U.S. 52 , 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990), immunized the Plan from *481 any state law regulation.

Quintana v. Fujifilm North America Corp.

96 F. Supp. 3d 601 · District Court, N.D. Texas · Mar 30, 2015

In a RIF case, a plaintiff can prove pretext by introducing evidence that he “was clearly better qualified than younger employees who were retained.” Walther v. … Quintana has failed to produce evidence that would enable a reasonable juror to find that he was "clearly better qualified” than any younger retained employees. .

Equal Employment Opportunity Commission v. Exxon Corp.

124 F. Supp. 2d 987 · District Court, N.D. Texas · Oct 30, 2000

Disability The ADA prohibits employment discrimination against any qualified individual with a disability. 42 U.S.C. § 12101 et seq. (West 1995). … question of whether they regarded the plaintiffs as disabled, 40 it does not justify a generalized analysis of whether these plaintiffs are substantially limited in working when the ADA, the regulations, and the case authority clearly

Davis Mountains Trans-Pecos Heritage Ass'n v. United States Air Force

249 F. Supp. 2d 763 · District Court, N.D. Texas · Mar 24, 2003

Proactive solutions were adopted by Defendants (1) to establish the floor of the Lancer MOA above the minimum altitudes for all airports under or adjacent to the MOA; (2) to establish a military radar unit to allow easier … The AR clearly indicates the inclusion of the FAA as part of the IICEP process as early as December 1997.

Samuels

District Court, N.D. Texas · Jul 20, 2026

The first of these claims is barred by absolute prosecutorial immunity. … DA Hall’s arguments to the trial jury clearly comprise part of his role as a State advocate during trial.

Ambriz v. United States of America

District Court, N.D. Texas · Jul 15, 2020

As one district court has explained, “[a]lthough the result is a harsh one, it is in keeping with the well-established principle that waivers of immunity on behalf of the United States are given a very a narrow construction … In this regard, Ambriz complains of Leija’s alleged acts or omissions that clearly fall within the scope of Leija’s official duties as a physical therapist.

Hicks v. Baylor University Medical Center Dallas

District Court, N.D. Texas · Jul 22, 2024

In Goudeau, the Fifth Circuit explained: Under McDonnell Douglas, a plaintiff must first establish a prima facie case of age discrimination by showing that (1) [s]he was discharged; (2) [s]he was qualified for the position … Dep’t of Just., 730 F.3d 450, 452 (5th Cir. 2013) (explaining that to prevail on a failure-to-accommodate claim, a plaintiff must first establish that he is a “qualified individual with a disability”).

Jenkins v. City of Dallas

District Court, N.D. Texas · Apr 9, 2025

Lastly, Jenkins cannot demonstrate that he was clearly better qualified than the two individuals—Galvez and Castillo—who were selected for the promotion outside of his protected class. … clearly—more qualified for the subject job.”

Welch v. United States Air Force

249 F. Supp. 2d 797 · District Court, N.D. Texas · Mar 24, 2003

The AR clearly reveals that a comparison of the existing and proposed areas under Alternative B were considered by Defendants. … The AR clearly defines aerial refueling tracks as “airspace of defined dimensions, vertical and lateral, established to conduct aerial refueling operations ... normally accomplished at or above 20,000 MSL.”

Linda R. S. v. Richard D.

335 F. Supp. 804 · District Court, N.D. Texas · Nov 1, 1971

Clearly the State’s conduct in the enforcement of the challenged statute has injured the plaintiffs and adversely affected their interest. … S. conclusively established jurisdiction when she attempted to file a complaint with the District Attorney of Dallas County and he refused to prosecute. The case is therefore ripe for federal action.

Southmark Corp. v. Schulte, Roth & Zabel, L.L.P.

242 B.R. 330 · District Court, N.D. Texas · Nov 17, 1999

clearly evidences an intent to permit enforcement by the third party. … Section 547(c)(2) previously had a requirement that, in order for a payment by the debtor to qualify as a payment in the ordinary course of business, such payment had to have been made within 45 days of when the underlying

Ward v. City of Dallas

District Court, N.D. Texas · Nov 30, 2020

Further, it is well-established and ‘“clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record.”’ Funk v. … Accordingly, denial of a 12(b)(6) motion has no bearing on whether a plaintiff ultimately establishes the necessary proof to prevail on a claim that withstands a 12(b)(6) challenge.

Bustamante v. City of Dallas Texas

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

- 2 - if a successful affirmative defense appears clearly on the face of the pleadings.” Clark v. Amoco Prod. … Thus if a res judicata defense is established on the face of Bustamante’s complaint, it is a proper ground for dismissal.

Smith v. Hewlett-Packard Co.

512 F. Supp. 2d 587 · District Court, N.D. Texas · Mar 6, 2007

Petroleos de Venezuella SA, 266 F.3d 343, 357 (5th Cir.2001), to contend that "Smith must establish that he was clearly more qualified than the person retained to establish pretext in a WFR context.” D. Reply Br. 8. … better qualified than the employees retained). 6 .

Securities & Exchange Commission v. Cuban

798 F. Supp. 2d 783 · District Court, N.D. Texas · Jul 18, 2011

The panel began by observing that when seeking an equitable remedy, “the United States is no more immune to the general principles of equity than any other litigant.” Id. at 548 . … The basis for the unclean hands defense is not clearly set out in the court’s opinion.

Carter v. Shop Rite Foods, Inc.

470 F. Supp. 1150 · District Court, N.D. Texas · May 17, 1979

Plaintiff clearly established her prima facie case. She was employed by Shop Rite from September 1, 1967 until July 21, 1976. … She has not established a prima facie case that she wanted, would have accepted, and was qualified for a promotion. She thus is not entitled to recover any back pay.

Barnett v. Texas Wrestling Ass'n

16 F. Supp. 2d 690 · District Court, N.D. Texas · Aug 3, 1998

Municipalities and other local governmental bodies, as well as individuals, qualify as "persons" within the meaning of § 1983. Monell v. … The defendants seek summary judgment based on sovereign immunity, the absence *698 of an express private right of action, [6] and the Plaintiffs' failure to exhaust administrative remedies. IISD Motion II at 9.