Case law

Youree v. Fort Worth ISD

District Court, N.D. Texas · Jun 26, 2025

And mere negligence is not enough to establish Title VI liability; rather, the district’s response should not be questioned unless it is “clearly unreasonable in light of the known circumstances.” … Taking the facts in Plaintiffs’ Complaint as true, the Court can reasonably infer that Defendant’s finding that bullying did not occur was “clearly unreasonable in light of the known circumstances.”

Tompkins v. Cyr

995 F. Supp. 664 · District Court, N.D. Texas · Jan 7, 1998

Dallas PLAN established a telephone hotline and left information about the date, time, and location of the demonstrations targeted against plaintiffs. … The First Amendment does not immunize such activity. See Gormley v.

Coker v. Thaler

670 F. Supp. 2d 541 · District Court, N.D. Texas · Nov 16, 2009

A state court decision is contrary to clearly established federal law if “it relies on legal rules that directly conflict with prior holdings of the Supreme Court or if it reaches a different conclusion than the Supreme Court … A decision constitutes an “unreasonable application” of clearly established federal law if “the state court identifies the correct governing legal principle from [the] Court’s decisions but unreasonably applies that principle

City of Irving v. Federal Aviation Administration

539 F. Supp. 17 · District Court, N.D. Texas · Dec 28, 1981

It was clearly established that the tests were temporary, that they are for a period of no longer than 60 days, and that they will end at least by August 9, 1981. 23 However, the defendants make one argument which is somewhat … And, the evidence at the temporary injunction hearing clearly established that the noise levels from the tests on runway 13L are annoying, disruptive to family life, and would — but for the fact that the tests are temporary

Johnson Service Group, Inc. v. Olivia France

763 F. Supp. 2d 819 · District Court, N.D. Texas · Jan 13, 2011

B As discussed below, the court finds a substantial likelihood that France learned confidential information qualifying as trade secrets during her employment at JSG. … Illinois also recognizes that misappropriation can be established by showing inevitable disclosure.

Southgate Master Fund, LLC Ex Rel. Montgomery Capital Advisors, LLC v. United States

651 F. Supp. 2d 596 · District Court, N.D. Texas · Aug 18, 2009

The Government has failed to establish that these actions occurred during the relevant period of 1999-2001. 38. … De Castro employs qualified tax lawyers. 282. Once engaged, De Castro provided oral and written tax advice to Southgate and its members regarding the transactions at issue.

Hernandez

District Court, N.D. Texas · Apr 30, 2026

To establish a prima facie case of age discrimination, a plaintiff must show or raise a genuine dispute of material fact that: “(1) [s]he was discharged; (2) [s]he was qualified for the position; (3) [s]he was within the … This is so because the record clearly establishes that Mrs. McKeown sent an e-mail to Plaintiff’s personal email and also contacted Ms. Hernandez on her cell phone, but she never responded to Mrs. McKeown inquiries.

Laster v. American National Fire Insurance

775 F. Supp. 985 · District Court, N.D. Texas · Oct 17, 1991

It clearly resolved all claims of Laster against Inter County. … “But, unless clearly demanded by the established rules governing the construction of written agreements, such an interpretation ought to be avoided.” Moulor v.

Milteer v. Navarro County Texas

District Court, N.D. Texas · May 19, 2023

brief in [opposition to] a motion for summary judgment should look more like an appellate brief, with assertions about the evidence and law set out under an argument heading that states clearly … Instead, Navarro County confines its arguments to whether Milteer can establish a prima facie case. See D.

State of Texas v. Mayorkas

District Court, N.D. Texas · Feb 6, 2024

In their view, Plaintiff has failed (1) to prove standing; (2) to waive Defendants’ immunity; and (3) to state a claim that the Rule violates the Appointments Clause. ECF No. 102 at 2. … The foregoing establishes a plausible claim that the Rule violates the Appointments Clause.

Cottonwood Financial Ltd. v. Cash Store Financial Services, Inc.

778 F. Supp. 2d 726 · District Court, N.D. Texas · Mar 31, 2011

Accordingly, listing stock on a stock exchange does not constitute a qualifying service under the Lanham Act. … “In other words,” once a plaintiff establishes that its mark qualifies as distinctive and within the protective ambit of Texas’s anti-dilution statute, the Court “appl[lies] a sliding scale to determine the extent of that

Pizza Hut, Inc. v. Papa John's International, Inc.

80 F. Supp. 2d 600 · District Court, N.D. Texas · Jan 3, 2000

The evidence established that Pizza Hut and Papa John’s International, Inc., and Papa John’s U.S.A., Inc. … The evidence in the case from the “dough experts” clearly establishes that proofing is a necessary step in the preparation of pizza dough.

Apache Bend Apartments, Ltd. v. United States

702 F. Supp. 1285 · District Court, N.D. Texas · Sep 8, 1988

For example, Representative Kolbe stated: There are literally hundreds of special transition rules included in this bill which are really nothing more than gifts of immunity from the adverse changes brought on by the bill … The Uniformity Clause is within the same section of the Constitution as the Taxing and Spending Clause and clearly limits the manner in which Congress can impose a tax. 6 .

In Re Durensky

377 F. Supp. 798 · District Court, N.D. Texas · May 28, 1974

The contention is made that the Government must waive sovereign immunity or otherwise voluntarily submit itself to the jurisdiction of the bankruptcy court for there to exist in that court the power to determine the rights … It is urged that in this cause resolution of the discharge-ability issue requires determination of the merits of the claim, viz., for the debt not to be discharged it must first be established that the taxes alleged to be

Justin Industries, Inc. v. Choctaw Securities, L.P.

747 F. Supp. 1218 · District Court, N.D. Texas · Oct 1, 1990

In Gladwin , the court ordered a new election after a trial on the merits, yet the proxy statement omissions were clearly necessary in order to make what was disclosed not misleading. … Article II, section 1 provides, in pertinent part: "Each director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified.” 10 .

Mance v. Holder

74 F. Supp. 3d 795 · District Court, N.D. Texas · Feb 11, 2015

The loss of a sale is clearly an injury to Manee in his own right, and a distributor such as Manee *803 also has standing to assert the rights of third parties seeking access to his goods. Carey v. Population Servs. … Having established the standing of each of the plaintiffs, the Court now proceeds to the merits of the claim. 4 B.

Zachary Wade Skinner v. Gray County Sheriff’s Department, et al.

District Court, N.D. Texas · May 8, 2026

of the force was clearly unreasonable. … “[I]t is beyond question that [a person] has a clearly established constitutional right to be free from arrest absent an arrest warrant or probable cause.” Freeman, 483 F.3d at 411.

Bobby Lee Murphy v. Director, TDCJ-CID

District Court, N.D. Texas · May 18, 2026

A decision is found “contrary” to clearly established federal law only if “it relies on legal rules that directly conflict with prior holdings of the Supreme Court or if it reaches a different conclusion than the … Smith, 574 U.S. 1, 2 (2014) (per curiam) (emphasizing that circuit precedent cannot define what qualifies as “‘clearly established’” federal law)(citations omitted).

Homestead Mobile Homes, Inc. v. Foremost Corp. of America

603 F. Supp. 767 · District Court, N.D. Texas · Jan 2, 1985

Finding that this constituted the business of insurance within the meaning of § 2(b), the Ninth Circuit said: Addrisi’s allegations establish that Equitable is qualified and does actively engage in the business of life insurance … Were the Commission attempting to investigate the sale of these policies, clearly the state statutes ... would govern and the McCarran Act exemption would apply.

State of Texas v. 3M Company

District Court, N.D. Texas · Sep 24, 2025

Accordingly, if a case is removed to federal court, the defendant has the burden of establishing subject matter jurisdiction; if a case is initially filed in federal court, the burden rests with the plaintiff to establish … In its Petition, Plaintiff does not allege that it is representing an adequately defined and clearly ascertainable class of people.