Case law

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  • National Association for Gun Rights, Inc. v. Garland

    District Court, N.D. Texas · Oct 7, 2023

    Second, NAGR and TGR share similar organizational purposes that are clearly germane to this lawsuit challenging Defendants’ asserted authority to classify and regulate FRTs as machineguns. … But Cargill explains that this alone is insufficient to qualify as a machinegun.

    Cited 0 timesUnknown
  • Coomer v. Massey

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

    If the movant bears the burden of proof on a claim or defense on which it is moving for summary judgment, it must come forward with evidence that establishes “beyond peradventure all of the essential elements of the claim … or Congress has clearly abrogated it.”

    Cited 0 timesUnknown
  • Sutherland v. Akins

    District Court, N.D. Texas · Sep 15, 2021

    immunity. … Because the Court can resolve the motion to dismiss on the other presented grounds, the Court need not reach the qualified immunity defense.

    Cited 0 timesUnknown
  • At & T Communications of the Southwest, Inc. v. City of Dallas

    52 F. Supp. 2d 763 · District Court, N.D. Texas · May 17, 1999

    On April 20, 1998, this Court issued an accelerated scheduling order establishing July 20, 1998 as the deadline for all discovery. … Because the proposed requirement falls within this safe harbor, the City adds, it is immune from attack under § 253(a) and is not preempted.

    Vacated by AT&T Communications of the Southwest, Inc. v. City of Dallas, 243 F.3d 928 (2001)Cited 7 timesPublished
  • Hawthorne v. Fisher

    33 F. Supp. 891 · District Court, N.D. Texas · Jun 18, 1940

    They deny that any cotton marketing quota for 1940-41 for the plaintiffs’ farm has been established. … If there were a control of production it would clearly be unconstitutional, because the national government has no such authority.

    Cited 9 timesPublished
  • Mary Kay, Inc. v. Weber

    661 F. Supp. 2d 632 · District Court, N.D. Texas · Sep 29, 2009

    In September of 2004, Amy Weber placed the last order that qualified her as an IBC. … Using the Section 2 items in this way is clearly distinguishable from merely offering these items for sale.

    Cited 9 timesPublished
  • Hanson

    District Court, N.D. Texas · Dec 31, 2025

    To establish a prima facie case, Hanson must show that she: “(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action by the … Thus, to establish a prima facie case of discrimination under the ADA, Hanson must show the following: “(1) she is disabled within the meaning of the ADA, (2) she was qualified for the job, and (3) she was fired

    Cited 0 timesUnknown
  • El Neil v. Commissioner of Social Security

    District Court, N.D. Texas · Jan 24, 2024

    El Neil contends that “the record ‘does not clearly establish . . . the effect [El Neil’s] condition had on [her] ability to work.’” ECF No. 15 at 9 (quoting Ripley, 67 F.3d at 557). … The Court recognizes Ripley’s proposition that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects her ability to work. Thornhill v.

    Cited 0 timesUnknown
  • Epley v. Gonzalez

    District Court, N.D. Texas · Jul 8, 2025

    Judge Burch recommends that the Court decline to consider whether TDCJ is entitled to sovereign immunity on Epley’s ADA claim and find that Epley had a qualifying disability under the ADA. Dkt. No. 202 at 22–27. … No. 90 at 4, clearly indicating his intent to amend the two ADA/RA claims Judge Bryant identified in his order, see Dkt. No. 84 at 1–2.

    Cited 0 timesUnknown
  • Johnson v. Lane

    District Court, N.D. Texas · Jan 3, 2024

    Johnson, 193 F.3d 346, 351 (5th Cir.1999) (“The doctrine of qualified immunity shields a state official from personal liability for damages under 42 U.S.C. § 1983 when the official’s exercise of discretionary authority … To establish her conspiracy claim, Johnson must plead specific, nonconclusory facts that there was an agreement among the defendants to violate her federal civil rights. See Priester v.

    Cited 0 timesUnknown
  • Alvarez v. United Parcel Service Co.

    398 F. Supp. 2d 543 · District Court, N.D. Texas · Oct 26, 2005

    sought to replace him with a similarly qualified white employee. … Here, as in Stafford , “[t]he emotional distress claim is clearly part of the same matter as the employment discrimination claim, and would likely never have come into existence but for the original dispute ... and is far

    Cited 20 timesPublished
  • Turner Ex Rel. Estate of Jackson v. United States

    306 F. Supp. 2d 668 · District Court, N.D. Texas · Feb 11, 2004

    Because Turner’s statutory interest expense is mandated by the state of Texas, it is clearly “allowable by the laws of the jurisdiction.” See 26 U.S.C. § 2053 (a). III. … To qualify as a deductible administration expense on an estate tax return, an expense cannot be deducted on the estate’s income tax return.

    Cited 0 timesPublished
  • Zagami v. Natural Health Trends Corp.

    540 F. Supp. 2d 705 · District Court, N.D. Texas · Mar 26, 2008

    Woodburn and LaCore clearly had a significant interest in NHTC’s selection of, and continuing business with, Star Search. … But this premise is qualified by the fact that, “in some cases[,] the significance of an item may be independent of the amount involved.

    Cited 3 timesPublished
  • United States v. Wali

    811 F. Supp. 2d 1276 · District Court, N.D. Texas · Apr 19, 2011

    The video evidence establishes that Officer Poor first observed Wali walking eastbound in the alleyway, holding a white water bottle. The sun was out, and the surroundings were clearly lighted with high visibility. … The court has no basis to depart from clearly established law. IV.

    Cited 2 timesPublished
  • Dearmore v. City of Garland

    237 F.R.D. 573 · District Court, N.D. Texas · Aug 29, 2006

    Legal Standard for Relief under Fed.R.Civ.P. 59(e) Under Rule 59(e), “[m]otions ... to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … For the reasons stated herein, the court determines that Dearmore has obtained the necessary relief to establish that he is a “prevailing party.”

    Cited 1 timesPublished
  • Webber v. White

    422 F. Supp. 416 · District Court, N.D. Texas · Oct 27, 1976

    There was no contention in Briscoe’s suit that these were not qualified electors; there was no challenge of the way and manner in which they cast their absentee votes. … Briscoe contended that, as electors, they had never qualified themselves so as to lawfully obtain the privilege by which to vote absentee.

    Cited 18 timesPublished
  • Erlandson v. Liberty Life Assur. Co. of Boston

    320 F. Supp. 2d 501 · District Court, N.D. Texas · Jun 2, 2004

    The burden of establishing federal jurisdiction is on the party seeking removal. Miller v. Diamond Shamrock Company, 275 F.3d 414, 417 (5th Cir.2001) (citing Frank, 128 F.3d at 921-22 ). B. … Although it is clearly not a traditional ERISA entity, Liberty — citing Hubbard v.

    Cited 6 timesPublished
  • Ingram v. Dallas County, Tex.

    688 F. Supp. 1146 · District Court, N.D. Texas · May 26, 1988

    established constitutional law” at the time of the alleged infraction. … Finally, she has alleged that the County’s failure to give her notice and a pre-termination hearing violated constitutional law as it was clearly established at the time of her wrongful discharge.

    Cited 7 timesPublished
  • Kirby v. SBC Services, Inc.

    391 F. Supp. 2d 445 · District Court, N.D. Texas · Apr 27, 2005

    This principle of law is so well-established that no cite to authority is even necessary. … To establish a prima facie case of employment discrimination under ADEA, Plaintiff must prove that: “ ‘(1) he was discharged; (2) he was qualified for the position; 3) he was within the protected class at the time of discharge

    Cited 4 timesPublished
  • Morris

    District Court, N.D. Texas · Jul 15, 2026

    for sua sponte dismissal of a complaint, or any part of it, if the Court finds it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … qualified individual with a disability under the RA, he fails to state a claim.

    Cited 0 timesUnknown

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