Case law

Exxon Corp. v. Department of Energy

91 F.R.D. 26 · District Court, N.D. Texas · May 21, 1981

Exxon also states that those consumers who held the bank cards would not be deprived of credit since they are likely to qualify for an Exxon card. … Further to protect against abuse of its executive privilege, the agency must follow established procedural formalities for invoking it.

Ellis

District Court, N.D. Texas · Nov 12, 2025

P. 55(a) is clearly not appropriate as to these Defendants because they have not “failed to plead or otherwise defend” in this action. … As such, the City’s motion arguably does not qualify as an answer or other responsive pleading as provided in Rule 12.

HubFul Venture Consulting v. NTS Communications, LLC

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

1915(e) requires dismissal of an IFP complaint if the court determines 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 … A complaint lacks an arguable basis in fact if it rests upon clearly baseless factual contentions and lacks an arguable basis in law if it embraces meritless legal theories. See id. at 327.

Escalante v. Hammel

District Court, N.D. Texas · Nov 18, 2024

Curlee, 14 F.4th 382, 385 n.2 (5th Cir. 2021) (“Although all alleged facts are taken as if they are true, facts established by a video record control when they clearly contradict the facts contained in a pleading…. … There are several points of material fact on which the video clearly contradicts Kokesh’s alleged facts. On these facts, the video will control.”

Lane v. United States

District Court, N.D. Texas · Mar 30, 2020

In December 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a final rule determining that bump stocks qualify as prohibited machine guns under federal law and required their destruction or surrender … City of Highland Park, Illinois, 784 F.3d 406, 408 (7th Cir. 2015) (“During Prohibition the Thompson submachine gun (the “Tommy gun”) was all too common in Chicago, but that popularity didn’t give it a constitutional immunity

Davis v. Director, TDCJ-CID

District Court, N.D. Texas · Dec 13, 2024

A state court’s failure to cite Supreme Court authority does not, per se, establish the state court’s decision is “contrary to” clearly established federal law: “the state court need not even be aware of our precedents, … Legal principles are “clearly established” for purposes of AEDPA review when the holdings, as opposed to the dicta, of Supreme Court decisions existing at the time of the relevant state-court decision establish those

Balfour Beatty Rail, Inc. v. Kansas City Southern Railway Co.

173 F. Supp. 3d 363 · District Court, N.D. Texas · Mar 25, 2016

“[F]or implied waiver to be found through a party’s actions, intent must be clearly demonstrated by the surrounding facts and circumstances.” Id. … Waiver is normally a fact issue, but can be decided as a matter of law “when the facts and circumstances are admitted or clearly established.” Id.

Salazar

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

prisoner against a government entity or employee if the court determines 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 … A complaint lacks an arguable basis in fact if it rests upon clearly baseless factual contentions, and similarly, it lacks an arguable basis in law if it contains indisputably meritless legal theories.

North Port Firefighters' Pension-Local Option Plan v. Temple-Inland, Inc.

936 F. Supp. 2d 722 · District Court, N.D. Texas · Mar 28, 2013

This is effectively a “he must have known” type of allegation that, standing alone, is insufficient to establish scienter under the PSLRA. … While plaintiffs need not plead a fact-for-fact disclosure to establish loss causation, “loss caused solely by a general impression in the market that ‘something is wrong’ is insufficient to establish causation.”

Rater v. Commissioner, Social Security Administration

District Court, N.D. Texas · May 2, 2025

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.

Scribner v. Waffle House, Inc.

14 F. Supp. 2d 873 · District Court, N.D. Texas · May 1, 1998

This pattern of sexual harassment, which quickly became much more severe and pervasive, was clearly established at trial by the very credible testimony of Therese Scribner and the other honest witnesses discussed below. … In addition, both Skip Nau and Dave Theo-bold lied about their misconduct; and Nau’s lies were clearly established by the notes that Robert McGregor made following their telephone conversation.

Royal Insurance Co. of America v. Quinn-L Capital Corp.

759 F. Supp. 1216 · District Court, N.D. Texas · Nov 30, 1990

, the Quinn-L Entities, through the Dunn-Odom Insurance Agency, Inc., requested that Royal defend them in the Federal Liability Suits, which Royal agreed to do subject to a reservation of rights. 3 Quinn-L accepted this qualified … The record clearly shows that the issue of mental anguish was fully litigated in the Federal Declaratory Judgment Action and was necessary to the Final Judgment entered in that case. 7 .

United States v. Sanchez

380 F. Supp. 1260 · District Court, N.D. Texas · Jun 25, 1973

He became a believer in it, and has established it in cases in his Court. The practice is very informal. … The evidence established that such telephone numbers were used in the commission of the offense charged.

Mohamed

District Court, N.D. Texas · Dec 31, 2025

Recently, the Supreme Court reaffirmed the doctrine of consular non-reviewability: Congress may delegate to executive officials the discretionary authority to admit noncitizens immune from … application process other than the officer’s adjudication, a consular decision to deny a visa—as opposed to the government’s failure to act on the visa application at all—is the sort of decision for which review is “clearly

Rolex Watch USA Inc v. Beckertime LLC

District Court, N.D. Texas · Jan 31, 2022

Additionally, qualified Official Rolex Jewelers (“ORJs”) operate service centers throughout the United States. Rolex watches serviced by Rolex or its ORJs come with a two-year service warranty. … Bearing the original mark does not immunize items from being counterfeit. See Meece, 158 F.3d at 826.

Scribner v. Waffle House, Inc.

976 F. Supp. 439 · District Court, N.D. Texas · Mar 7, 1997

This pattern of sexual harassment, which quickly became much more severe and pervasive, was clearly established at trial by the very credible testimony of Therese Scribner and the other honest witnesses discussed below. … In addition, both Skip Nau and Dave Theobold lied about their misconduct; and Nau’s lies were clearly established by the notes that Robert McGregor made following their telephone conversation.

SR Construction Inc v. Hall Palm Springs LLC

District Court, N.D. Texas · Nov 15, 2021

Even though HPS was an insider, HPS contends that this does not establish bad faith per se. Id. at 31. … Such a disappointing result does not establish that HPS acted with bad faith.

Johnson v. Wag Acquisition Group LLC

District Court, N.D. Texas · Apr 2, 2025

Because Wag chose to remove Johnson’s lawsuit to federal court, it undertook the burden to establish federal jurisdiction. See St. Paul Reinsurance Co. v. … claim appears on the face of the complaint, dismissal for lack of subject matter jurisdiction is only proper in the case of a frivolous or insubstantial claim, i.e., a claim which has no plausible foundation or which is clearly

Tasby v. Wright

550 F. Supp. 262 · District Court, N.D. Texas · Aug 27, 1982

It also established the number of hours spent by counsel for the NAACP during various phases of the case. … But according to the Eighth Circuit, a fee award should not be *272 reduced for unsuccessful issues unless they were clearly frivolous. Brown v. Bathke, 588 F.2d 634 (8th Cir.1978).

Cunningham v. Advantix Digital LLC

District Court, N.D. Texas · Apr 20, 2020

Thus, for example, an employee whose primary duty involves a combination of exempt administrative and exempt executive work may qualify for exemption. … Here, Cunningham’s deposition testimony clearly establishes that she exercised discretion and independent judgment with respect to client development and account management, both of which are significant aspects of Advantix