Case law

Sambrano v. United Airlines Inc

District Court, N.D. Texas · Nov 8, 2021

But when a movant does not establish this element, the Court must deny the application for preliminary injunction. … Means, who held that the “irreparable harm necessary to obtain a preliminary injunction is not established by loss of income, financial distress, or inability to find other employment.” Hopkins v.

Abboud v. Agentra LLC

District Court, N.D. Texas · Sep 14, 2020

Members who qualify for either the text class or the agent class will be ascertainable due to proof they will be required to present to establish their position in the class. … If a potential class member qualifies for the text or agent class, both of which Abboud is a member, then the claims would likely be identical and, thus, typical.

Benavidez v. CITY OF IRVING, TEX.

638 F. Supp. 2d 709 · District Court, N.D. Texas · Jul 15, 2009

Establishing a Hispanic Citizen-V oting-Age-Population Majority Mr. … Estimate Derived from Census and ACS Data Defendants have clearly established, and Plaintiff essentially does not dispute, that according to the 2000 Census and the 2006 ACS, Plaintiff cannot meet his burden of showing a

Nash v. Chapa

District Court, N.D. Texas · Jul 29, 2021

, 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. §§ 1915A, 1915(e)(2). … It is clearly established law that prison staff cannot cause the unnecessary and wanton infliction of pain. Jd. at 320.

Widespread Electrical Sales LLC v. Upstate Breaker Wholesale Supply Inc

District Court, N.D. Texas · Dec 29, 2022

“First, an expert must be qualified. … This analysis, simple as it may be, establishes a causal link between the alleged infringing activity and the gross revenue to which Sowards points.

Dellinger

District Court, N.D. Texas · Sep 9, 2026

In the adult function reports, the claimant asserted that her immune system is nonexistent, making her continually ill; that the medicines required for her breast cancer cause joint pain and affect her sleep; … Even with those added, more favorable limitations, however, the ALJ still concluded that Claimant failed to establish that she had been under a disability.”).

Lawfinders Associates, Inc. v. Legal Research Center, Inc.

65 F. Supp. 2d 414 · District Court, N.D. Texas · Aug 24, 1999

LRC argues that each of the items of information LF claims is proprietary information was clearly in the public domain at the time the information was communicated to LRC or already in LRC’s possession at the time of disclosure … Because the motion is not briefed in the manner required by local civil rules 56.5-56.6, and because this would qualify as the single summary judgment motion that LRC can file without leave of court or unless the federal

Texas Bankers Association v. Office of the Comptroller of the Currency

District Court, N.D. Texas · Mar 29, 2024

They establish, inter alia, four new performance tests — two of which are relevant here. … Shrum, 92 F.4th 947, 949 (10th Cir. 2024) (“Longstanding and well-established doctrine in the federal courts establishes that anonymous persons may have standing to bring claims.”).

Poly-America, L.P. v. Stego Industries, L.L.C.

694 F. Supp. 2d 600 · District Court, N.D. Texas · Mar 8, 2010

Marathon Oil Company, 526 U.S. 574, 577 , 119 S.Ct. 1563 , 143 L.Ed.2d 760 (1999) (“The requirement that jurisdiction be established as a threshold matter ... is inflexible and without exception.”) … Actual Controversy While there is no mechanistic process to determine whether an “actual controversy” exists in a declaratory judgment action, the Supreme Court has clearly instructed that “ ‘the question in each case is

Thompson v. City of Dallas

District Court, N.D. Texas · Sep 23, 2024

“Establishing deliberate indifference generally requires a ‘pattern of similar violations’ arising from a policy ‘so clearly inadequate as to be obviously likely to result in a constitutional violation.’” … Plus, “unless the subordinate’s actions are sufficiently extreme – for instance, an obvious violation of clearly established law – a policymaker’s ratification or defense of his subordinate’s actions is insufficient

Kimbell Foods, Inc. v. Republic Nat. Bank of Dallas

401 F. Supp. 316 · District Court, N.D. Texas · Sep 5, 1975

The last requirement that the amount' of the lien be certain is only established if there is no further opportunity for contesting the amount of the lien. … The Courts stress that these provisions will apply only to future indebtedness that was clearly contemplated by the parties at the time of the making of the original agreement.

Data Marketing Partnership, LP v. United States Department of Labor

District Court, N.D. Texas · Sep 28, 2020

The Department’s Opinion also paints in broad, conclusory strokes in asserting that the partnership does not qualify as an employer, the Limited Partners do not qualify as employees, and the work the Limited Partners do … The Department’s Opinion qualifies the nature of the service the Limited Partners provide to the partnership—aggregating the data generated from the ordinary use of their personal devices—as “too passive” to qualify as

In Re Smith

123 F. Supp. 2d 351 · District Court, N.D. Texas · Nov 21, 2000

Smith’s disbarment arguably does not even raise First Amendment concerns, because the issue is whether he is qualified to practice law, not whether a court has disciplined him for engaging in protected expression or association … The court stated that although Smith's "failure to properly respond to the July 18 order could clearly be viewed as grounds for a finding of contemptf,]” the court "out of an abundance of concern for [Smith’s] due process

Cuadrado v. TI Communities

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

For the same reason, the Court declines to grant summary judgment on TI’s affirmative defenses of truth and qualified privilege, which confers civil immunity to a company for making allegedly defamatory statements to “interested … Cuadrado cannot establish that he was not paid for any services he rendered as an employee of TI.

Fuller v. CIG Financial LLC

District Court, N.D. Texas · Dec 21, 2023

Fuller has also failed to produce proof that he is unable to qualify for student loans. … The record is also devoid of proof that Fuller is unable to qualify for loans toward a new car or house.

Pineda REO LLC v. AECOM Hunt

District Court, N.D. Texas · Mar 12, 2020

The Court finds that Berkley has not established the first of these necessary steps –– the existence of a valid express trust. … Neither the section advancing the trust theory nor any other section clearly designates a trustee or beneficiary –– in fact, neither those terms nor “grantor” are used at all.17 Rather, Section VII states that all funds

Securities and Exchange Commission v. Faulkner

District Court, N.D. Texas · Jan 8, 2021

Funds that Hallam received as compensation for his role in the Faulkner Scheme clearly constitute “net profits” as to Hallam, the wrongdoer. … But he has failed to produce any documentation establishing that he, in fact, paid the money as referenced.

United States v. Mobil Corp.

543 F. Supp. 507 · District Court, N.D. Texas · Dec 18, 1981

It seems to me absurd to suggest that the Congress would act so clearly to protect citizens from the processes of an agency and make those protections optional, binding only when the agency chose. ... … There are decisions which indicate that when a taxpayer is required to maintain records under § 6001 he cannot claim that these records are “private papers” which are immune from inspection pursuant to a subpoena or search

Bustos v. Tarrant County, Texas

District Court, N.D. Texas · Oct 18, 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.

Jordan v. Commissioner of Social Security

District Court, N.D. Texas · Aug 9, 2022

“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)). … Gartner’s opinion, “the record does not clearly establish … the effect [Plaintiff]'s condition had on his ability to work.” Ripley, 67 F.3d at 557.