Case law

Miller v. Commissioner, Social Security Administration

District Court, N.D. Texas · Jun 5, 2023

Thus, taken together, these “sections of the FVRA establish time limits on acting service and [impose] penalties for noncompliance.” NLRB, 580 U.S. at 296. c. … Indeed, the use of the present tense is fairly read as a reference to those identified in § 3345 as qualified to serve in the acting capacity.

Magee v. Varsity Brands Holding Co Inc

District Court, N.D. Texas · Aug 8, 2025

This allegation is likewise conclusory and unsupported, thus insufficient to establish an illegitimate relationship. … In sum, Plaintiff makes no allegation that Varsity itself engaged in any activity that would qualify as contributory trademark infringement.

Apfa, Inc. v. UATP Management, LLC

District Court, N.D. Texas · May 6, 2021

“It is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court’s remedial powers,” Renne v. … “There is no question that an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the association itself may enjoy,

Lohr v. Gilman

248 F. Supp. 3d 796 · District Court, N.D. Texas · Mar 30, 2017

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. … Even were the court to consider Claim 3 as presented, the court determines that Lohr’s claim would be dismissed under Rule 12(b)(6), as she has failed to adequately allege that Gilman qualifies as a person engaged in the

Dupree v. Powers

District Court, N.D. Texas · Apr 23, 2025

reviewed for an abuse of discretion,” and “[a] bankruptcy court abuses its discretion when it (1) applies an improper legal standard, which is reviewed de novo, or (2) bases its decision on findings of fact that are clearly … See Dolleslager, 618 F.2d at 324-25 (“The established rule in this circuit is that dismissal [of an action effectively with prejudice] under [Rule 41(b)], for failure to comply with an order of the court is appropriate

Regalo International LLC v. Aborder Products Inc

District Court, N.D. Texas · Aug 28, 2025

A plaintiff is not required to prove its entitlement to summary judgment in order to establish a substantial likelihood of success on the merits for preliminary injunction purposes. Byrum v. … A product qualifies as the “patented invention” under this standard only if it contains each element, or a substantial equivalent of each element, of a claim of the patent. See Arigna Tech. Ltd. v.

Woods v. Teamsters Local 767

District Court, N.D. Texas · Oct 22, 2020

There exists a “well-established policy that the plaintiff be given every opportunity to state a claim.” Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001) (citing Hitt v. … Moreover, courts may dismiss an action with prejudice if the defendant is entitled to absolute immunity because the “plaintiff will never have a claim against the defendant based on the particular facts alleged.”

Tyre v. Excel Industries, Inc.

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

Plaintiff acknowledges that to establish negligence ina products liability case, she must show that the defendant failed to use ordinary care in the design or production of the product. … Pursuant to the Local Civil Rules of this court, a document may contain more than one pleading, motion, or other paper, but the document must clearly identify the motion in its title.

American Federation of Musicians v. Skodam Films, LLC

313 F.R.D. 39 · District Court, N.D. Texas · Dec 3, 2015

July 23, 2002) (footnotes omitted) (finding it unnecessary to determine whether or not a general objection lodged to a subpoena qualifies as a valid “written objection” under what is now styled Rule 45(d)(2)(B)). … of Civil Procedure 45(e)(2) to the extent that it withholds from production in response to the Subpoena as modified any responsive documents on the grounds of attorney-client privilege, work product, or other privilege, immunity

Metwalli v. Canadian Solar

District Court, N.D. Texas · Sep 4, 2025

And, “[t]o obtain a Rule 12(b)(6) dismissal based on an affirmative defense, the successful affirmative defense must appear clearly on the face of the pleadings.” Taylor v. … Complaining about an uncooperative, rude, or disruptive team member, or about a manager discussing your salary, or about your employer not compensating you for travel expenses does not, without more, qualify as a

Launza Jr v. City of Mesquite

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

dismiss a complaint filed in forma pauperis if it concludes the action is: (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … A court may dismiss a complaint as frivolous when it is based on an indisputably meritless legal theory or when the factual contentions are “clearly baseless.” Denton v.

Gibson

District Court, N.D. Texas · Jan 26, 2026

City of Moss Point, Miss., 701 F.2d 556, 563 (5th Cir. 1983) (“To reward [plaintiff] for her own delinquency by permitting her to maintain this action would be clearly at variance with [the] principle [of res judicata]. … Fay first argues that Gibson’s Section 1024.35 claim also fails because he “did not submit a qualified written notice of error to Fay.” See Dkt. No. 34 at 35.

Gassaway v. TMGN 121, LLC, A Texas limited liability company

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

“A bankruptcy court abuses its discretion when it applies an improper legal standard or rests its decision on findings of fact that are clearly erroneous.” In re TWL Corp., 712 F.3d 886, 891 (5th Cir. 2013). … Gassaway presents no argument for why this behavior would not qualify as fraudulent or how he intended to present a meritorious defense against the fraud claims if the Bankruptcy Court had set aside the default.

Ruiz v. Bank of America, N.A.

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

Texas Property Code, the notices were “made without clearly established capacity by the senders because of the questionable Assignment of Deed of Trust and the indorsement in blank of the Note as offered by Defendants.” … Apr. 11, 2019), for the proposition that “[t]he court has not found, and [plaintiff] has not presented, any authority for the proposition that a foreclosure qualifies as ‘interest or a charge, fee, or expense incidental to

Woodson v. United States

District Court, N.D. Texas · Jun 17, 2024

Movant also signed a factual resume setting forth the elements of the offense to which he was pleading guilty and the stipulated facts establishing that he had committed that offense. CR ECF No. 182. … He swore that the information contained in his financial affidavit was true, meaning that he qualified for appointed counsel. Id. at 3.

Hill III v. Keliher

District Court, N.D. Texas · Mar 25, 2022

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. … 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.’”

Taylor Made Golf Co., Inc. v. MJT CONSULTING GROUP, LLC

265 F. Supp. 2d 732 · District Court, N.D. Texas · May 30, 2003

However, “unauthorized use of an original trademark can qualify as counterfeiting.” 63 In cases involving the reconditioning of genuine trademarked goods with nongenuine parts, the courts have been willing to find the original … Courts have long held that “repaired or reconditioned goods bearing the original trademark must be clearly marked to show that they have been repaired or reconditioned.” 78 There is evidence that Defendants informed customers

MedARC LLC v. Scott & White Health Plan

District Court, N.D. Texas · Aug 1, 2022

Except for Emergency Care, approved referrals to Non-Participating Providers, or covered medical services rendered to a Covered Dependent child under a Qualified Medical Support Order who is outside the Service Area, Health … The Supreme Court has “observed repeatedly that this broadly worded provision is ‘clearly expansive.’” Egelhoff v. Egelhoff, 532 U.S. 141, 146 (2001).

Harrison v. Aztec Well Servicing Co

District Court, N.D. Texas · Jan 13, 2022

Texas law clearly says that, to be awarded as damages, lost profits must be capable of reasonable calculation. Tex. Instruments, Inc. v. Teletron Energy Mgmt., Inc., 877 S.W.2d 276, 279 (Tex. 1994). … And Harrison can establish “with a reasonable degree of certainty” that he did not suffer zero damages.

Diaz v. Southeastern Drilling Co. of Argentina, SA

324 F. Supp. 1 · District Court, N.D. Texas · Jul 11, 1969

Professor Wright testified that the letter of July 8, 1959 fit squarely into the definition of a mandate and clearly indicated on its face that it was to be this type of contract. … However, those same lawyers stated that O’Neall and Dillin would not consider returning to this country for this trial unless this Court granted them complete immunity from any action which might grow out of their tax troubles