Case law

Phoneternet LLC v. LexisNexis Risk Solutions In.

District Court, N.D. Texas · Sep 30, 2019

Further, it is well-established and ‘“clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record.”’ Funk v. … the existence of the qualified privilege.

Gaines v. Martinez

353 F. Supp. 780 · District Court, N.D. Texas · Dec 19, 1972

By letter of May 18, 1971, DCCAC agreed to the establishment of TACC as the Coordinator of the Community House program. … Clearly, Congress and the OEO itself have laid down rules and regulations upon which this Court can weigh the Director’s action and therefore the discretionary function exception is inapplicable in this ease.

Sunbelt Savings Fsb, Dallas v. Amrecorp Realty Corp.

730 F. Supp. 741 · District Court, N.D. Texas · Feb 12, 1990

It is clear that Gunter and Wood require the FDIC to take an asset in good faith and without knowledge of personal defenses in order to qualify as a holder in due course. … The court does not establish a uniform threshold discovery regimen that must be routinely followed.

Jim Johnson Homes, Inc. v. Mid-Continent Casualty Co.

244 F. Supp. 2d 706 · District Court, N.D. Texas · Feb 12, 2003

Alternative, conclusory allegations of negligence such as the Jeters made in their demand cannot serve to overcome the specific facts, as set forth in the demand, when, as here, those facts quite clearly demonstrate that … The Exclusions Would Prevent Coverage in Any Event Not only has plaintiff failed to carry its burden to establish that the claims made by the Jeters against it are within the scope of defendant’s basic insuring obligation

Sunbelt Rentals Inc v. Holley

District Court, N.D. Texas · Apr 7, 2022

To qualify for a preliminary injunction, the movant must clearly carry the burden of persuasion with respect to all four requirements. Karaha Bodas Co. v. … In particular, the customer-specific pricing information likely qualifies as trade secret.

Tatum

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

against a government entity or employee if the court determines that the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … It lacks an arguable basis in fact if it rests on clearly fanciful or baseless factual contentions. Jd. at 328; see also Denton v. Hernandez, 504 U.S. 24, 32-33 (1992).

Alexander v. City of Dallas Texas

District Court, N.D. Texas · Mar 25, 2024

If Plaintiffs amend their Complaint, the Court instructs them to clearly and consistently identify the individuals and/or entities named as defendants. … An official policy is most clearly established through a policy statement formally announced by an official policymaker. Zarnow v.

Medical Designs, Inc. v. Medical Technology, Inc.

786 F. Supp. 614 · District Court, N.D. Texas · Feb 3, 1992

Private or secret knowledge or use does not qualify as the type of knowledge or use necessary to invalidate a patent. W.L. Gore & Assoc., Inc. v. … Richard Jones and Donald Mauldin in the laboratory established by Melvin Stills.

Neese v. Becerra

District Court, N.D. Texas · Oct 14, 2022

See DeBremaecker, 433 F.2d at 734 (“[T]o maintain a class action, the class sought to be represented must be adequately defined and clearly ascertainable.”). … AT&T Corp., 339 F.3d 294, 302 (Sth Cir. 2003) (“[W]here fact of damage cannot be established for every class member through proof common to the class, the need to establish antitrust liability for individual class members

Sharma v. Amazon Web Services Inc

District Court, N.D. Texas · Jun 30, 2023

These two experiences do not rise to the level of “ultimate employment decisions,” so they cannot qualify as adverse employment actions. … To establish pretext, he must do this.27 For the Court to find pretext, the context must demonstrate discrimination in some capacity—his does not.

Heller v. City of Dallas

303 F.R.D. 466 · District Court, N.D. Texas · Nov 12, 2014

And Defendant’s Objections and Response to Plaintiffs’ First Set of Interrogatories to Defendant City of Dallas similarly begins with the following “General Objections” section: The City’s responses are subject to, qualified … of Civil Procedure 26(b)(5)(A)’s requirements must be produced for any documents, communications, or other materials withheld from production on the grounds of attorney-client privilege, work product, or other privilege, immunity

Valk

District Court, N.D. Texas · May 15, 2026

In the related context of employment discrimination claims under Title I of the ADA, when a court applies Rule 12(b)(6)’s standards, the complaint “need not contain specific facts establishing a prima facie case of discrimination … “Rather, to clear that ‘high bar,’ a response must be ‘clearly unreasonable in light of the known circumstances.’” Id. (quoting Davis v. Monroe Cnty.

The Slovak Republic v. Discovery Global LLC

District Court, N.D. Texas · Aug 25, 2026

Relevant factors include: [1] whether material issues of fact exist; [2] whether there has been substantial prejudice; [3] whether the grounds for default are clearly established; [4] whether the default was … The third and fourth elements also support default judgment because the grounds of Discovery’s default are clearly established, and nothing indicates this default is due to “a good faith mistake or excusable neglect.”

Educational Credit Management Corp. v. McLeroy (In Re McLeroy)

250 B.R. 872 · District Court, N.D. Texas · Jul 10, 2000

Other evidence established that the McLeroys earn between $2,215.07 and $2,399.65 of income per month. Mrs. … unreasonably small capital; or (III) intended to incur, or believed that the debtor would incur, debts that would be beyond the debtor’s ability to pay as such debts matured. (2) A transfer of a charitable contribution to a qualified

Burris

District Court, N.D. Texas · May 15, 2026

establishing ownership or authority to enforce the debt. … And so, because Chase does not qualify as a debt collector, Burris fails to state a claim for relief under the FDCPA. C.

United States v. California Publishers Liquidating Corp.

778 F. Supp. 1361 · District Court, N.D. Texas · Oct 17, 1991

There was a nexus established between defendants’ ill gotten gains from their racketeering activities and the protected materials that were forfeited. … Minnesota, 283 U.S. at 720-21 , 51 S.Ct. at 632-33 (“Characterizing the publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint.”); see also

Winn v. Cleburne Independent School District

District Court, N.D. Texas · Jan 2, 2020

To assert a sex discrimination claim under Title VII, a plaintiff must demonstrate that: (1) she was a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; … White, 548 U.S. 53, 68 (2006) (an employee’s engagement in a protected activity “cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees

McDorman Ex Rel. Connelly v. TEXAS-COLA LEASING CO., LP

288 F. Supp. 2d 796 · District Court, N.D. Texas · Oct 23, 2003

However, just because a defendant clearly has a duty to the driving public to employ competent drivers, this duty does not require an independent investigation into employees’ nonvehicular criminal backgrounds. … Upshaw to qualify as a driver by completing some form of testing prior to being entrusted with the van. Drivers of Coca Cola Enterprises vehicles were required to take monthly defensive driving courses on a computer.

Claudio v. Commissioner, Social Security Administration

District Court, N.D. Texas · Jul 25, 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, the Court found that reversible error lies where the “record does not clearly establish” how an applicant’s condition affects his ability to work. Bowles v. Comm'r of Soc.

Connally v. Commissioner, Social Security Administration

District Court, N.D. Texas · Aug 24, 2022

Federal courts are to invoke jurisdiction to compel agency action only when the circumstances clearly require judicial intervention. … First, Plaintiff has established a clear right to relief.