Case law

Jane Doe AS v. Salesforce Inc

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

While not addressed at length in this Order, Plaintiffs argued in their papers that Salesforce was not entitled to § 230 immunity, in part because “Plaintiffs’ allegations do not establish that Salesforce is an interactive … Given that the Court has already concluded that the pleadings are insufficient to establish online promotion of prostitution,5 it necessarily follows that they are also insufficient to establish aggravated promotion of

Milteer v. Navarro County Texas

District Court, N.D. Texas · Jan 25, 2023

Green, 411 U.S. 792 (1973).5 Under this framework, the plaintiff must establish a prima facie case of discrimination. … Appx. 893, 899 (5th Cir. 2012) (“[S]pecific complaints about discrimination are clearly protected activity under Title VII.” (citing Ikossi-Anastasiou v. Bd. of Supervisors of La.

Burke v. City of Fort Worth Texas

District Court, N.D. Texas · Feb 2, 2021

Both Birchett’s and Fitzgerald’s cases are currently on interlocutory appeal before the Texas Fifth District Court of Appeals on sovereign- immunity issues. … Thus, Burke’s own testimony establishes that he was not denied any entitlement under the FMLA. Shryer v. Univ. of Tex. S.W. Med. Ctr., 587 Fed.

Ozee v. American Council on Gift Annuities

888 F. Supp. 1318 · District Court, N.D. Texas · May 3, 1995

If the movant bears the burden of proof on a claim, he must establish all elements of the claim to prevail on summary judgment. Western Fire Insurance Co. v. … That the Foundation is trustee of at least two trusts (the Living Trust and the irrevocable Unitrust) established by Ms. Peter is undisputed.

Sabal v. Anti-Defamation League

District Court, N.D. Texas · Apr 30, 2024

Tenn. 2021) (finding no absolute immunity for Congressional testimony republished during annual meeting and to media outlets). Since Sabal admits that Richman’s Testimony was presented to the U.S. … Even if Sabal is correct that Richman’s Testimony included defamatory statements, the testimony is not actionable due to lack of a qualifying republication.

Neal v. Vogelgesang

District Court, N.D. Texas · Nov 10, 2020

may evaluate the complaint and dismiss it without service of process if the complaint is frivolous', malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … A prisoner has a heavy burden to establish a claim of retaliation; he must do more than make mere conclusory allegations. Woods v. Smith, 60 F.3d 1161, 1166 (Sth Cir. 1995); see Johnson v.

Matlock v. Commissioner, Social Security Administration

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

“In order to qualify for disability insurance benefits or [supplemental security income], a claimant must suffer from a disability.” Id. (citing 42 U.S.C. § 423(d)(1)(A)). … But the ALJ fails to identify any evidence clearly establishing the actual effect Plaintiff’s mental conditions had on his ability to work. See Ripley, 67 F.3d at 557.

Bourgault v. Yudof

316 F. Supp. 2d 411 · District Court, N.D. Texas · May 4, 2004

A preliminary injunction is an extraordinary remedy and should be granted only if the applicant has clearly carried the burden of persuasion with respect to all four factors. Allied Marketing Group v. … The Court in Widmar qualified its observation, however, as applying only to the university’s students. Id.

In re LTV Securities Litigation

89 F.R.D. 595 · District Court, N.D. Texas · Mar 23, 1981

The principles generally governing inspection are well established. A qualified shareholder enjoys a near absolute right to inspect a corporation’s “stock ledger” or “list of stockholders.” … General Counsel Smith’s “Report on SEC Private Investigation” presented to LTV’s Board of Directors on December 9, 1977 is immune from discovery under both the attorney-client and work-product privileges.

Lipscomb v. Wise

399 F. Supp. 782 · District Court, N.D. Texas · Mar 25, 1975

A penalty was established for those who rode in spaces not designated for the race of the individual involved. c. … proposed candidate, to allow petitions containing signatures from any three hundred qualified voters residing in the City of Dallas be sufficient for candidacy.

Bank One, Texas, N.A. v. Federal Deposit Insurance

16 F. Supp. 2d 698 · District Court, N.D. Texas · Aug 10, 1998

The purpose of the Assistance Agreement was to establish a procedure for valuing the assets and liabilities of Bank One and to establish the manner in which the FDIC would pay assistance to Bank One. … Assuming arguendo that this failure constituted an error, the court holds that it could not qualify as a manifest error.

Nelson v. Cottonwood Financial Texas LLC

District Court, N.D. Texas · Aug 16, 2023

To establish a prima facie case of disability discrimination, a plaintiff must show that: (1) she has a disability; (2) she was qualified for her job; and (3) she was subject to an adverse employment action on account of … To establish a TLC failure-to-accommodate claim, a plaintiff must show that: “(1) [she] is a qualified individual with a disability; (2) the disability and its consequential limitations were known by the covered employer

City of Dallas, Texas v. Southwest Airlines Company

371 F. Supp. 1015 · District Court, N.D. Texas · Jun 21, 1973

It should be noted that subsection (3) of the definition of “Certificated Air Carrier Services” clearly includes Defendant herein, Southwest Airlines Co. … As discussed above, this is a per se discrimination clearly violative of the federal statutes.

Askar v. Envoy Air Inc

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

be helpful to reference McDonnell Douglas to assess the sufficiency of the pleadings.15 Under the McDonnell Douglas framework, Askar would need to show that Askar: “(1) is a member of a protected class; (2) was qualified … would have found the challenged action materially adverse, which in this context means it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.”20 But Title VII does not immunize

Farris v. Johnson

967 F. Supp. 200 · District Court, N.D. Texas · Jun 17, 1997

established federal law. … Goodson clearly wavered in her answers regarding the death penalty depending on who was questioning her at the time.

Recursion Software, Inc. v. Interactive Intelligence, Inc.

425 F. Supp. 2d 756 · District Court, N.D. Texas · Mar 13, 2006

And finally, Interactive has not properly authenticated the March 24, 1998 e-mail allegedly setting forth Objectspace’s so-called grandfather policy nor has it established as a matter of law that Interactive qualified as … On the present state of the record, Interactive has not established whether it received this communication nor whether it qualified as a “current user” under the grandfather policy.

Hobson v. DPD

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

may summarily dismiss a complaint filed IFP if it concludes the action is: (1) frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief against a defendant who is immune … frivolous when it is based on an indisputably meritless legal theory or when the factual contentions are “clearly baseless.” Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Neitzke v.

Bayoud v. Medical Center Hospital of Garland, Inc. (In Re American Development International Corp.)

188 B.R. 925 · District Court, N.D. Texas · Oct 27, 1995

In order to possess standing to appeal a bankruptcy court order, a litigant must qualify as a “person aggrieved” by the order. … And he has failed to establish why he could not have sought leave to intervene in the adversary .proceeding that George initiated as a state court lawsuit.

Malone v. 124th District Court of Gregg County, Texas

District Court, N.D. Texas · Feb 10, 2021

However, in the event it has, the federal proceeding would clearly interfere with an ongoing state judicial proceeding. … It is Plaintiff's burden to establish actual proof of bad faith. Hensler v. Dist. Four Grievance Comm. of State Bar of Tex., 790 F.2d 390, 391 (Sth Cir. 1986).

Harrison v. Phillips

District Court, N.D. Texas · Jul 3, 2019

Under Burford, abstention is proper “where the issues ‘so clearly involve basic problems of [State] policy’ that the federal courts should avoid entanglement.” Aransas Project v. … This arises under 42 U.S.C. § 12132, which prohibits discrimination against qualified disabled individuals: Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason