Case law

Lederman v. Astrue

829 F. Supp. 2d 531 · District Court, N.D. Texas · Nov 3, 2011

She stated that she could not do a job that involved sitting all day because it hurt her back and-legs, and her liver disease also prevented her from working because she suffered from gastric distress and a suppressed immune … In the case at bar, the ALJ clearly committed a Stone error because he did not expressly cite Stone , nor did he refer to another opinion of the same effect.

Dresser Industries, Inc. v. United States

73 F. Supp. 2d 682 · District Court, N.D. Texas · Jun 25, 1999

A qualified DISC subsidiary is not taxed on income derived from the sale of exports. … The failure of Congress to include foreign tax credits in section 6601(d) does not establish this contrary legislative intent.

Shermco Industries, Inc. v. Secretary of the United States Air Force

452 F. Supp. 306 · District Court, N.D. Texas · May 2, 1978

These cases place the burden of proof on the agency to establish that certain exemptions under the FOIA apply to withheld records, but I believe that by analogy they place the burden on the agency to establish that it has … The purpose of the FOIA is to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language. NLRB v.

Sherriff v. Christian

District Court, N.D. Texas · Apr 30, 2021

Lennon, 914 F.2d 1459, 1463-64 (11th Cir. 1990) (denying qualified immunity to prison officials where plaintiff alleged friable asbestos particles were in the air of the prison dormitory and yet prison officials refused … Greninger, 188 F.3d 322, 327 (5th Cir. 1999). 10 Defendants also argue that, even assuming Plaintiff has plead a constitutional violation, the qualified immunity defense nonetheless

National Propane Gas Ass'n v. United States Department of Transportation

43 F. Supp. 2d 665 · District Court, N.D. Texas · Mar 17, 1999

The rule clearly requires an operator be in a position from which the earliest signs of problems that may occur during the unloading operation are readily detectable, thereby permitting an operator to promptly take corrective … Nothing in the administrative record establishes that attendance at the customer’s tank is more important than attendance at the cargo tank.

Pierce v. Lubbock Police Department

District Court, N.D. Texas · Feb 20, 2025

A complaint has no arguable basis in fact if it rests upon clearly fanciful or baseless factual contentions, and similarly lacks an arguable basis in law if it embraces indisputably meritless legal theories. … Tex. 2006) (collecting authorities and holding that claim against state official in his official capacity was barred by sovereign and Eleventh Amendment immunities).

White v. Kroger Texas, LP

District Court, N.D. Texas · Sep 29, 2023

This is why Plaintiff clearly stated in her Amended Petition that her case was not worth more than $75,000”). … Terrance Ball ed., 2003) (noting federal courts should handle cases “in which one State or its citizens are opposed to another State or its citizens” to ensure “the inviolable maintenance of equality of privileges and immunities

Davis v. Martin Marietta Materials Inc

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

Davis has not demonstrated that he was the “clearly better qualified candidate.” … Davis was, at best, qualified for the position. See Pl.’s App., Doc. 34 at 63-64. Mr. Davis’s better education and longer tenure with the company alone do not establish that he was clearly better qualified.

Witherspoon v. Waybourn

District Court, N.D. Texas · Mar 19, 2021

PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION 6 As a result, the Court does not reach Waybourn’s additional grounds for relief including the defense of qualified immunity. Mot. … In connection with his assertion of qualified immunity, Waybourn filed a motion to stay discovery after Witherspoon submitted a request for production and inspection of documents.

Bailey v. Rowe

District Court, N.D. Texas · Apr 25, 2025

The Court is not required to allow such an opportunity, though, if the prisoner’s claims are clearly frivolous, Eason v. … This dismissal shall count as a qualifying dismissal or “strike” under 28 U.S.C. § 1915 and Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996). See Lomax v. Ortiz-Marquez, 140 S. Ct. 1721, 1723 (2020).

Cisco Systems Inc v. Mushkin Inc

District Court, N.D. Texas · Aug 11, 2021

Burbage, 447 S.W.3d 249, 254 (Tex. 2014) (qualified privilege). … In addition, the Court does not find that the qualified privilege is clear from the face of the pleadings either.

Cardinal Life Insurance v. United States

300 F. Supp. 387 · District Court, N.D. Texas · Apr 22, 1969

Thus, to qualify as a life insurance company under the federal tax laws, a corporation must use its capital and efforts primarily in earning income from the issuance of contracts of insurance. *392 See Louisville Title Company … The Colony case has established the principle that where a “clue” is given on the face of the return as to the existence of the error, the Commissioner is at no such disadvantage and the three-year statute applies.

Blacks in Technology International v. Blacks in Technology LLC

District Court, N.D. Texas · Jan 30, 2025

Immunity under the Texas Charitable Immunity and Liability Act To add a belt to the suspenders above, the Court now turns to Schultz’s affirmative defense. … Schultz argues that he is immune to International’s claims because he was an unpaid volunteer when the relevant events occurred.

Courtney v. American Airlines, Inc.

40 F. Supp. 2d 389 · District Court, N.D. Texas · Mar 24, 1999

The plan and the trust established under the plan were intended to qualify as a plan and trust of a voluntary employee’s association within the meaning of Internal Revenue Code § 501(c)(9) and the regulations issued thereunder … The undisputed facts established by the summary judgment record support those contentions of plaintiffs.

Boyd v. TOWN OF RANSOM CANYON, TEX.

547 F. Supp. 2d 618 · District Court, N.D. Texas · Apr 10, 2008

Plaintiffs argue that their § 1983 claims arise from Defendant’s failure to perform the ministerial act of issuing a permit for a project that they believe clearly meets all requirements and ordinances. … Every person who, under color of any statute, ordinance, regulation, custom, or usage ... subjects, or causes to be sub *625 jected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

Buzz Photo v. People's Republic of China

District Court, N.D. Texas · Nov 24, 2020

Id. at 325 (“Although Congress clearly intended to supersede the common-law regime for claims against foreign states, we find nothing in the statute’s origin or aims to indicate that Congress similarly wanted to codify … the law of foreign official immunity.”).

Terrazas v. Clements

581 F. Supp. 1319 · District Court, N.D. Texas · Dec 22, 1983

Although this case is not a class action governed by Fed.R.Civ.Proc. 23, the consent decree proposed by the State’s Motion clearly affects the rights of third parties since it involves the adoption of a reap *1323 portionment … Approval requires the decree to represent “a reasonable factual and legal determination based on the facts of the record, whether established by evidence, affidavit or stipulation.” United States v.

Alvarado v. The Valcap Group LLC

District Court, N.D. Texas · Jan 3, 2022

It is clearly established in the Fifth Circuit that an employer is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong. … Br. 9-10; that it is clearly established that a request for FMLA leave is not a request for a reasonable accommodation under the ADA; that a request for FFCRA qualifying medical leave is not a request for a reasonable accommodation

Roberts v. Poole

80 B.R. 81 · District Court, N.D. Texas · Nov 25, 1987

The bankruptcy court 2 denied the motions and made these additional findings and conclusions: the Agreement clearly and unambiguously provides that the periodic payments are to be made for Sandra’s support, and not as a part … The support payments provided for in this Section 7 are intended by both spouses to qualify as periodic payments as that term is defined [in the Internal Revenue Code].

Trinity Home Dialysis Inc v. WellMed Networks Inc

District Court, N.D. Texas · Mar 21, 2022

“To be ‘colorable,’ the asserted federal defense need not be ‘clearly sustainable,’ as section 1442 does not require a federal official or person acting under him ‘to win his case before he can have it removed.’”30 … WellMed claims three federal defenses: (1) Trinity’s failure to exhaust its administrative remedies, (2) preemption of Trinity’s claims under the Medicare Act, and (3) immunity based on WellMed’s status as a Medicare