Case law

Dr. Pepper Co. v. Sambo's Restaurants, Inc.

517 F. Supp. 1202 · District Court, N.D. Texas · Jul 13, 1981

But Defendants’ well qualified expert witness only took into account the two musical lines; he did not take into account the combination of lyrics and music. … His reasoning as to the four factors is clearly in point in this case.

Davis v. City of Dallas

487 F. Supp. 389 · District Court, N.D. Texas · Mar 17, 1980

burden, it is incumbent upon the City to justify the application of other than the raw applicant flow data. 1 The court cannot presume that the City’s recruitment efforts have generated a minority applicant pool less well qualified … The law clearly envisions that availability estimates be refined geographically to encompass only the available minority population within the geographical area relevant to the employer’s hiring.

Cross v. Johnson

169 F. Supp. 2d 603 · District Court, N.D. Texas · Apr 6, 2001

A decision is contrary to clearly established federal law if the state court arrives at a conclusion opposite to that reached by the Supreme Court of the United States on a question of law or if *616 the state court decides … Accordingly, the state courts’ determinations that Cross was not entitled to relief were not in conflict with clearly established federal law or based on an unreasonable determination of the facts in light of the evidence

In Re Vaughn

462 F. Supp. 1040 · District Court, N.D. Texas · Oct 17, 1978

Grace Manufacturing Company, 488 S.W.2d 498 (Tex.Civ.App.1972) establish beyond any question the following principles: (1) Any right to set-off which Mann and Rusek may assert would arise solely because of Sec. 68 of the … The Bankruptcy Court must deal with state law on a daily basis, and may, in fact, if such things can be measured, be more qualified to rule in this area than a district court.

Townsend

District Court, N.D. Texas · May 11, 2026

And “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may granted.” Starrett v. U.S. … So, the complaint qualifies as clearly baseless, irrational, or wholly incredible, requiring dismissal with prejudice.

Deljavan v. Goodwill Industries of Fort Worth

District Court, N.D. Texas · May 28, 2021

Moreover, courts may dismiss an action with prejudice without permitting amendment if the defendant is entitled to absolute immunity because the “plaintiff will never have a claim against the defendant based on the particular … Deljavan attempts to support his claim by contending that Goodwill promoted younger employees, despite his being equally qualified and having the same work performance, but he is unable to establish that these younger

West Texas Utilities Co. v. Texas Electric Service Co.

470 F. Supp. 798 · District Court, N.D. Texas · May 15, 1979

Wenders to be a very credible or qualified witness, and I will outline in brief some of the reasons I reached that judgment. Dr. … The evidence clearly establishes that at the time TIS was formed, all of its members were committed to the proposition that it was in their mutual best interest to operate on an intrastate basis.

Lacher v. West

147 F. Supp. 2d 538 · District Court, N.D. Texas · Jun 8, 2001

Lacher provides competent summary judgment evidence of several harassing remarks that were clearly age-based, such as “you’re too old, you’ve lost it, why don’t you retire” and that he could be replaced with a younger person … Constructive Discharge A plaintiff can satisfy the prima facie case in an age discrimination case by showing that “(1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the

R.C. ex rel. S.K. v. Keller Independent School District

958 F. Supp. 2d 718 · District Court, N.D. Texas · Jul 31, 2013

The IDEA requires states to “establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision … After considering the above information, Welsh concluded that “[a]lthough [plaintiff] may exhibit some social immaturity and certain behavioral idiosyncrasies, these data clearly indicate that [plaintiff] does not exhibit

Christmann & Welborn v. Department of Energy

589 F. Supp. 576 · District Court, N.D. Texas · Jun 22, 1984

Ligon’s advice was questionable is clearly borne out by Mr. Christmann’s own statements in the record. … Plaintiff’s Motion for Relief from Final Order, at 16), and therefore clearly a sophisticated oil field operator.

Bell v. Mitchell

District Court, N.D. Texas · Mar 17, 2025

And “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may granted.” Starrett v. U.S. … A review of Bell’s filing reflects that the complaint presents allegations that qualify as clearly baseless, irrational, or wholly incredible and that are contradicted by judicially noticeable facts relating to waiver of

Thomas v. Basse

District Court, N.D. Texas · Mar 20, 2023

Higgs, 892 F.2d 438, 440 (Sth Cir. 1990), if it is frivolous', malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ … Further, Plaintiff has not alleged that he was denied access to medical care or testing to establish if he needed additional treatment. See id.

Lyons Partnership, L.P. v. Giannoulas

14 F. Supp. 2d 947 · District Court, N.D. Texas · Jul 29, 1998

Likelihood of dilution can be established by showing either blurring or tarnishment. Hormel, 73 F.3d at 506 . … Here defendants’ use of the putative Barney adds something new and qualifies as a transformative work through its comic effect and ridicule of Barney. The parody works on different levels.

FLS Miljo, Inc. v. Munters Corp.

682 F. Supp. 2d 681 · District Court, N.D. Texas · Jan 29, 2010

Therefore, if the Plaintiffs qualify as manufacturers under section 82.001(4), Munters has established that the Plaintiffs owe Munters an offsetting duty of indemnification. … Section 82.001(4) clearly states that a manufacturer is “a person who is a designer ... or assembler of any product or any component part thereof!.]”

Lewis

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

1) frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks 2 monetary relief against a defendant who is immune … June 23, 2022) (“Here, the facts as alleged by Plaintiff clearly demonstrate a lack of subject matter jurisdiction in this Court, and her claims lack a rational basis.

Ethridge v. Tarrant County Sheriffs Office

District Court, N.D. Texas · Oct 13, 2022

In order to establish a violation of this constitutional right, a detainee must show that the defendants acted with deliberate indifference to his serious medical needs. Lacy, 357 F. App’x at 609. … Such a finding of deliberate indifference, though, “must rest on facts clearly evincing ‘wanton’ actions on the parts of the defendants.” Johnson v. Treen, 759 F.2d 1236, 1238 (5th Cir. 1985); see also Wilson v.

Rodriguez v. Commissioner, Social Security Administration

District Court, N.D. Texas · Jun 27, 2023

Substantial evidence did not support the ALJ’s RFC determination in Ripley, thus warranting remand, because the record “d[id] not clearly establish…the effect [the claimant’s] condition had on his ability to … After Ripley, several Courts recognized its proposition that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects his ability to work. Thornhill v.

Nunez-Renck v. International Business Machines Corporation

District Court, N.D. Texas · Dec 6, 2023

She does not clearly allege when this pay increase occurred. … When the plaintiff has not presented direct evidence of employment discrimination, she must make a prima facie showing of discrimination by establishing that (1) she is a member of a protected class; (2) she was qualified

McGee v. South West Airlines

District Court, N.D. Texas · Sep 27, 2024

And “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may granted.” Starrett v. U.S. … And a review of McGee’s complaint otherwise reflects that it presents allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal with prejudice.

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

360 F. Supp. 3d 494 · District Court, N.D. Texas · Jan 31, 2019

Even if the turbine qualifies as "other property" under the economic loss rule, its repair costs would be unrecoverable "consequential damages" or, if recoverable, subject to the contract's damage cap. See Def.' … Because it appears that the isomax unit and plant were the object of the various contracts, i.e., what Signal bargained for, the entire plant would qualify as the product rather than other property.