Case law

Owl Feather-Gorbey v. United States

District Court, N.D. Texas · Aug 2, 2023

State Code 24-101”; and (5) contrary to the magistrate judge’s determination, his “assault issues are [not] past issues” for purposes of § 1915(g), as he has clearly argued “continuing threats & patterns of misconduct … According to Plaintiff, these new events qualify as exceptional circumstances entitling him to relief under Rule 60(b).

Corbitt v. Old Republic Insurance Company

District Court, N.D. Texas · May 17, 2023

Nevertheless, the Court finds that the plaintiffs have established an injury in fact: a cloud was placed on the title of their home. … As they point out, the Texas Constitution’s protection and cases interpreting this protection have clearly held that judgment liens on homestead property normally do not attach and are thus unenforceable. Dkt.

Washington v. Edwards Lifesciences LLC

District Court, N.D. Texas · Feb 13, 2025

A party with the burden of proof on an issue “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in his favor.” Fontenot v. … “Nor will the court overlook Rule 56.5(c), a valuable tool for busy trial courts that requires a party to place an issue clearly in focus by citing in its brief each page of the appendix that supports each

In Re Beef Industry Antitrust Litigation

542 F. Supp. 1122 · District Court, N.D. Texas · Jun 14, 1982

The retailers assert and the feeders conceded at oral argument that under the fifth circuit opinion, the feeders “may proceed to trial only if they now demonstrate with certainty that the packers were immune from the interactions … [and that] the burden is clearly defendants to show that no facts exist upon which a trier of fact could find for plaintiffs on the pass-on issue.”

Sun v. Jaddou

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

Sun’s EB-1 petition asserted that she met six of the ten criteria in the regulations—qualifying her as an alien of extraordinary ability. (ECF No. 13 at 12). … In response, the Government states that the articles clearly state that the 2021 Golden Gulls award winners were “involved ‘in various fields, including education, energy, finance, healthcare, manufacturing, electronics

Villas at Parkside Partners v. City of Farmers Branch

577 F. Supp. 2d 858 · District Court, N.D. Texas · May 28, 2008

The city asks the court to essentially rewrite the Ordinance by stripping phrases that are inextricably intertwined to create a new Ordinance that clearly frustrates the city’s original legislative intent; it is not incumbent … Plaintiffs have established that they are entitled to the entry of a permanent injunction.

Bustos-Barron

District Court, N.D. Texas · Jun 1, 2026

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. … For claims to be substantively plausible, a plaintiff need not establish that the pleaded facts probably occurred as alleged, but the facts must allow the court “to infer more than the mere possibility of misconduct.”

Phototron Corp. v. Eastman Kodak Co.

687 F. Supp. 1061 · District Court, N.D. Texas · Feb 22, 1988

All three experts are knowledgeable, well-qualified, and respected economists. … Clearly, preserving competition is the underlying purpose of the federal antitrust laws. 53 The public has an interest in maintaining a free and open marketplace.

Brookins v. Buttigieg

District Court, N.D. Texas · Aug 9, 2024

Allowing claims well-beyond the scope of an EEO complaint to proceed in subsequent lawsuits would “circumvent the statutory scheme, since [it] clearly contemplates that no issue will be the subject of a … To establish a prima facie case of discriminatory treatment based on age, a plaintiff must show: (1) they are within the protected class; (2) they are qualified for the position; (3) they suffered an adverse

Carter v. Shop Rite Foods, Inc.

503 F. Supp. 680 · District Court, N.D. Texas · Sep 12, 1980

Finally, the reasonableness of the concept’s use seems established by Appendix B. … Since Shop Rite did not promote qualified females, it filled some of its positions with unqualified (less qualified?) males and, of course, they were fired or quit fairly quickly.

Porter v. Charter Medical Corp.

957 F. Supp. 1427 · District Court, N.D. Texas · Apr 28, 1997

Porter does not provide a sufficient factual basis for the opinion he states in paragraph 20, nor is there any summary judgment evidence that he is qualified to render such an opinion. … In either event, all claims asserted by Porter that are subject to a two-year statute of limitations quite clearly are barred under the facts of this case.

Cooper v. Harvey

108 F. Supp. 3d 463 · District Court, N.D. Texas · May 18, 2015

Lastly, Plaintiff seeks a declaratory judgment establishing his and Defendant’s respective rights to the videos under the Video Contract. Id. at ¶ 62. B. … Because Plaintiff offers no other authority to indicate that behavior similar to Defendant’s “interference” qualifies as copyright infringement, the Court GRANTS Defendant’s Motion to Dismiss this claim. 6 *475 IV.

CUPP Cybersecurity LLC v. Trend Micro Inc

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

Based on this passage, Trend Micro states a POSITA would only know that “10’s MB/s” would qualify as a file transfer speed, but “100’s kb/s” would not. … Based on this disclosure, a POSITA would understand that speeds of “10’s MB/s” qualify as a “file transfer speed” as that term is used in the claim.

US Securities and Exchange Commission v. Gordon

District Court, N.D. Texas · Nov 1, 2021

Therefore, the Court finds the grounds for default are clearly established. Cf. Elite v. The KNR Grp., 216 F.3d 1080 (Table), 2000 WL 729378, at *1 (5th Cir. … each of the three requirements for the investment contract to qualify as a security.

Dorchester Gas Producing Co. v. United States Department of Energy

582 F. Supp. 911 · District Court, N.D. Texas · Jun 24, 1983

(cites omitted) ... when the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order. … The FPC price ceilings, according to Dorchester, “are established in a manner totally unrelated to replacement costs.” (Page 11, Dorchester’s reply brief in opposition to defendants’ motion for summary judgment.)

Carswell v. Hunt County Texas

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

person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . , subjects, or causes to be subjected,” any person to the deprivation of any federally protected rights, privileges, or immunities … “Under an episodic-acts-or-omissions theory, ‘a plaintiff must show (1) that the municipal employee violated [the pretrial detainee’s] clearly established constitutional rights with subjective deliberate indifference;

Boudreau v. Nokia of America Corporation

District Court, N.D. Texas · Dec 18, 2020

Boudreau explained that, although it may not have come across clearly, she had significant management experience. … The plaintiff must first establish a prima facie case.

Shumylo

District Court, N.D. Texas · Jul 1, 2026

Defendants have not established that plaintiffs’ negligence claim is preempted. … immune from” plaintiffs’ type of tort claim).

360 Degree Education, LLC v. U.S. Department of Education

District Court, N.D. Texas · Jun 21, 2024

If a massage therapy program requires 600 hours, students are free to attend—but they won’t qualify for federal student aid. This represents a sea-change from thirty years of established practice. … But the Schools must clearly carry their burden on each injunctive-relief element. See Allied Mktg., 878 F.2d at 809.

Vela Wood PC v. Associated Industries Insurance Company Inc

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

When a party bears the burden of proof on an issue, she “must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in [her] favor.” Fontenot v. … Tex. 2011) (“With regard to Texas Insurance Code claims, the Code specifically defines who qualifies as an agent for the purpose of attributing liability for violations of code provisions.”) (citing TEX. INS.