Case law

Cristantielli v. Kaiser Foundation Health Plan of Texas

113 F. Supp. 2d 1055 · District Court, N.D. Texas · Aug 1, 2000

The Fifth Circuit has established a test for determining whether a particular plan qualifies as an “employee welfare benefit plan.” See Meredith v. Time Ins. Co., 980 F.2d 352, 355 (5th Cir.1993). … See Meredith, 980 F.2d at 357 ("These regulations clearly prevent Meredith from being simultaneously an employer and an employee.

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.

Holman v. United States

District Court, N.D. Texas · Mar 15, 2024

In this case, the record clearly reflects that the only provision the sentencing court considered was the enumerated offenses clause of § 3559(c)(2)(F)(i). … Instead, Holman’s counsel admitted that it would be frivolous for him to argue that the prior convictions did not qualify as enumerated offenses.

United Independent School District v. Vitro Asset Corp. (In re Vitro Asset Corp.)

539 B.R. 108 · District Court, N.D. Texas · Sep 23, 2015

Unless the bankruptcy court clearly abused its discretion in determining whether movant “established a manifest error of law or fact nor presented newly discovered evidence, the [bankruptcy] court’s ruling should not be disturbed … Interest clearly falls under the language “postpetition interest.” ii.

MC Trilogy Texas LLC v. City of Heath Texas

District Court, N.D. Texas · Sep 11, 2023

“[T]he legislative privilege for state lawmakers is, at best, one which is qualified.” Jefferson, 849 F.3d at 624. … [attorney-client privilege and work product protection] are clearly implicated.” D. Br. Mot. to Quash (ECF No. 61) at 7.

Bayoud v. Ballard

404 F. Supp. 417 · District Court, N.D. Texas · Oct 23, 1975

The Court must conclude that all elements necessary to establish a private offering exemption have been proved. B. … Howey Co., 328 U.S. 293 , 66 S.Ct. 1100 , 90 L.Ed. 1244 (1943), the BABCO interests clearly fall within the investment contract definition of a security.

Jenkins v. Tahmahkera

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

immunity. … immunity, and (3) Plaintiff fails to state a claim against them under Rule 12(b)(6).

Leal v. Azar

District Court, N.D. Texas · Dec 23, 2020

“The requirement that jurisdiction be established as a threshold matter spring[s] from the nature and limits of the judicial power of the United States and is inflexible and without exception.” Id. … An intelligible principle is “constitutionally sufficient if Congress (1) clearly delineates its general policy, (2) the public agency which is to apply it, and (3) the boundaries of that delegated authority.”

Halsell v. Local Union No. 5, Bricklayers & Allied Craftsmen

530 F. Supp. 803 · District Court, N.D. Texas · Jan 28, 1982

Defendants witnesses rebutted that this was not an apprenticeship class which qualified a person to be a bricklayer. This testimony was not substantially rebutted. … Apparently, Plaintiff was paid for teaching the class but did not appear to be much of a motivation as Plaintiff was only supposed to teach until another qualified instructor was found.

Muchon

District Court, N.D. Texas · Mar 12, 2026

deliberate indifference related to medical care by showing that the defendant “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly … He alleges that he “signed a release of information form” from his prior doctor establishing his “prior medical history.” Compl. at 5.

McSperitt v. Hartford Life Insurance

393 F. Supp. 2d 418 · District Court, N.D. Texas · Apr 8, 2005

ERISA Preemption of McSperitt’s Claims Hartford argues that McSperitt’s petition clearly alleges claims arising under federal law. … See Order *428 Establishing Schedule and Certain Pretrial Requirements (“Scheduling Order”) (August 10, 2004).

Employers Mutual Casualty Co. v. Bonilla

612 F. Supp. 2d 734 · District Court, N.D. Texas · Apr 1, 2009

Thus, for Bonilla to qualify as an insured, he would have to be either an officer, director, stockholder, or employee of Jolly Chef. Id. … To do so, however, would ignore the fact that all such cases the court has reviewed clearly involve using the vehicle as a vehicle, because they involve only driving.

Southwestern Bell Telephone Co. v. V247 Telecom LLC

207 F. Supp. 3d 688 · District Court, N.D. Texas · Sep 15, 2016

The summary judgment record establishes that the traffic at issue is clearly subject to access charges. … Based on the summary judgment record, the Court finds Section 251(g) clearly applies to this traffic.

Thomas v. Cantex Health Care Centers III LLC

District Court, N.D. Texas · Nov 4, 2021

common-law complaint into one stating a federal claim for purposes of the well- pleaded complaint rule.”16 When the PREP Act applies, it provides broad immunity … Mar. 29, 2021) (rejecting the analogy between Air Transportation Act and the PREP Act because Air Transportation Act established “a federal cause of action and an exclusive remedy for qualified damages” while the PREP Act

Sutherland v. Akins

District Court, N.D. Texas · Feb 9, 2021

A prison system is not, however, required to establish grievance procedures, and inmates do not have a basis for a lawsuit because a prison system has not established grievance procedures or fails to adhere to it. 42 U.S.C … To establish a viable claim, a plaintiff must show that (1) he is a qualified individual with a disability; (2) he is being denied the benefits of services, programs, or activities for which the public entity is responsible

Calhoun v. FDIC & Landmark Bank Northwest

653 F. Supp. 1288 · District Court, N.D. Texas · Jan 23, 1987

For a pension trust to be qualified under Section 401(a)(13) of the Internal Revenue Code, the plan establishing the trust must provide that benefits under the trust may not be assigned or alienated. 26 U.S.C. § 401 (a)(13 … While ERISA preempts state law, 29 U.S.C. non-alienability provision regardless of the source of the deposit funds withheld. *1293 § 1144(a), it clearly was not intended to affect the operation of other federal law____ As

Gonzalez v. Blue Cross Blue Shield Association

District Court, N.D. Texas · Dec 13, 2021

The court held that “Congress clearly intended a limited waiver of sovereign immunity in Benefits Act disputes—courts only have jurisdiction to review final actions, after exhaustion, and only one remedy is available.” … Supp. 3d at 586 (rejecting § 890.107(c) as establishing Congress’s intent to preclude judicial review).

Pylant v. Hartford Life & Accident Insurance

429 F. Supp. 2d 816 · District Court, N.D. Texas · Apr 20, 2006

If the movant makes this showing, the nonmovant must then direct the court’s attention to evidence in the record sufficient to establish that there is a genuine issue of material fact for trial. … Trock’s opinion clearly implies that frequent keyboarding is possible: the description "constantly handle and feel” is within tire same limitation/bullet point as the comment regarding keyboarding breaks and keyboarding could

Servicios Comerciales Lamosa, S.A. De C.V. v. De La Rosa

328 F. Supp. 3d 598 · District Court, N.D. Texas · Aug 30, 2018

Porcelanite has failed to meet its burden of proof of establishing this defense as a matter of law. c. … De la Rosa's statements in his Declaration are clearly inconsistent with his deposition testimony. Accordingly, the court declines to strike Mr.

Bluebonnet Savings Bank v. Federal Deposit Insurance

891 F. Supp. 332 · District Court, N.D. Texas · Jun 28, 1995

All potential acquirors had to be “qualified” to obtain control of a thrift institution and be placed on the FHLBB’s National Marketing List. … Deposition Testimony of Robert Brick on Sept. 30,1993, at 79-81. 23 Clearly, the regu *340 lators simply did not consider the criminal history of Fail’s company significant at the time, and did not follow up on the information