Case law

Aerotek Affiliated Services, Inc. v. Scott Gilmore Thompson PLLC; Matt Scott; and Jamie Gilmore

District Court, N.D. Texas · Mar 17, 2026

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 court, therefore, determines that the requirements for attorney immunity are established on the face of Plaintiff’s pleadings.

Wesner v. Southall

District Court, N.D. Texas · Apr 18, 2023

“[A]n attorney seeking dismissal based on attorney immunity bears the burden of establishing entitlement to the defense.” Kelly, 868 F.3d at 375 (citing JJ Walker, LLC v. Yollick, 447 S.W.3d 453, 468 (Tex. App. … To qualify as a “third-party debt collector” under TDCA, a defendant must be collecting a debt for another. See Tex. Fin.

Fernandes v. Limmer

465 F. Supp. 493 · District Court, N.D. Texas · Jan 30, 1979

Village of Monticello, 424 F.Supp. 402 (S.D.N.Y.1976), and (2) if federal law on immunity is to be extrapolated from 42 U.S.C. § 1983 , then municipalities are not immune from suit. Monell v. … These early Americans suffered religious persecution, jail, and death to establish the freedom to speak what they believed.

Willie

District Court, N.D. Texas · Jun 3, 2026

Willie alleges that, despite being equally or more qualified, she was paid around 40-46% less than UTSW’s other QANs who were racially white even though Willie and her white counterparts performed “substantially equal” … Jan. 5, 2005) (“The Texas legislature established waiver of sovereign immunity for some tort claims through the Texas Tort Claims Act, but the Act does not provide that a state government entity is liable for the negligent

Rome v. HCC Life Ins. Co.

323 F. Supp. 3d 862 · District Court, N.D. Texas · Jun 20, 2018

A given policy qualifies as an ERISA Plan if a plan: (1) exists; (2) does not fall within ERISA's safe harbor provision; and (3) is established or maintained by an employer or employee organization for the benefit of employees … Therefore, the terms of the Policy are clearly ascertainable and a plan thus exists. The first requirement of an ERISA Plan is satisfied. 2.

Unum Life Insurance Co. of America v. Long

227 F. Supp. 2d 609 · District Court, N.D. Texas · Oct 16, 2002

Here, the evidence conclusively establishes UNUM’s right to , recover overpayments to Long under a theory of unjust enrichment. … By signing the repay *615 ment agreement, Long was clearly aware of her obligation to reimburse her insurance company.

Kelley v. Deeds

District Court, N.D. Texas · Aug 19, 2020

examine whether Sherriff Deeds is entitled to qualified immunity. … App’x 301, 304 n.5 (3d Cir. 2010) (noting that the court need not address the application of the doctrine of qualified immunity when summary judgment was affirmed on other grounds).

Carroll v. Beto

330 F. Supp. 71 · District Court, N.D. Texas · Jan 8, 1971

Judges are no more competent to substitute their judgment on the question for that of a qualified psychiatrist than they are to make such a substitution for the decision of a qualified medical specialist on whether a transplant … But the situation is otherwise where the record contains testimony of qualified experts on the question.

Fort Worth National Bank v. United States

396 F. Supp. 337 · District Court, N.D. Texas · May 30, 1975

If the taxpayer is able to establish facts concerning the property which justify a conclusion that there is an interest in the subsurface rights which qualifies for the charitable de *344 duction, then the present value of … How else could a taxpayer ever establish such facts concerning property to justify a conclusion that there is an interest in subsurface resources which qualifies for a charitable deduction?

Guevara v. United State of America

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

Reid also posits that she is entitled to qualified immunity and that plaintiffs have failed to state a claim for relief against her. … Plaintiffs also posit that Reid is not entitled to qualified immunity because she “‘in some way participated’ in the violation of Plaintiffs’ constitutional rights regarding Mr. Quinn.” Ps. 11/3/20 Resp. to Reid's Mot.

RESEARCH IN MOTION LTD. v. Motorola, Inc.

644 F. Supp. 2d 788 · District Court, N.D. Texas · Dec 11, 2008

To qualify as antitrust injuries, however, they must be “of the type the antitrust laws were intended to prevent.” Norris, 500 F.3d at 465 . … It therefore refused to grant the steel company antitrust immunity. Id. at 509-10 , 108 S.Ct. 1931 .

Cherry v. Estelle

424 F. Supp. 548 · District Court, N.D. Texas · Feb 25, 1976

After carefully reviewing the just quoted portion of the record, I believe the following facts are clearly established: 1. … Sojat, as I believe the record clearly establishes, then to be entitled to relief I believe he must specifically allege and prove that the arrangement adopted whereby the funds were to be advanced was clearly unlawful or

In Re RadioShack Corp. ERISA Litigation

547 F. Supp. 2d 606 · District Court, N.D. Texas · Mar 31, 2008

In such a case, the fiduciary should not be immune from judicial inquiry, "but also should not be subject to the strict scrutiny that would be exercised over a trustee [who is] only authorized to make a particular investment … Defendants request dismissal of this claim, noting that this provision does "not apply to the acquisition ... by a plan of qualifying employer securities ...

Lion Health Services, Inc. v. Sebelius

689 F. Supp. 2d 849 · District Court, N.D. Texas · Feb 22, 2010

the manifest intent of § 1395(i)(2)(C), which is to cause the amount of a hospice provider’s cap to directly relate to number of beneficiaries served by the hospice in a particular accounting year. 7 Section 418.309(b)(1) clearly … true that 42 U.S.C. § 1395oo (a)(2) requires an amount in controversy of at least $10,000 in order for a provider to obtain a hearing before the PRRB and that a provider may request expedited judicial review only if it qualifies

Ross v. Moody

District Court, N.D. Texas · Dec 4, 2023

However, Plaintiffs fail to first establish that the ADA applies to Ross—that she is indeed a qualified individual. … The Court pretermits discussion of the other elements necessary to establish a prima facie case under the ADA, as Plaintiffs failed to establish the first prong—that Ross was a “qualified individual.”

Orthoflex, Inc. v. Thermotek, Inc.

986 F. Supp. 2d 776 · District Court, N.D. Texas · Nov 20, 2013

In the intervening years, various repairs had been made to the water heater, but the record did not clearly establish the type and extent of the repairs. Id. at 707-08 . … Because plaintiffs have established that Dr.

Doe v. Fort Worth Texas

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

immunity. … immunity.

Yan v. Tarrant County Sheriff Department

District Court, N.D. Texas · Mar 19, 2024

In their Motion, Defendants argue: (1) Yan lacks standing to assert the relevant claims against them and (2) even if he had standing, Defendants are entitled to qualified immunity against his claims. … The FCR rightly concluded that Defendants have qualified immunity against Yan’s lawsuit, but it stopped its analysis after the jurisdictional inquiry because Yan does not have standing.

Alexander v. Southern Health Partners Inc

District Court, N.D. Texas · Jun 28, 2024

immunity. … To this end, the Officers’ brief focuses on qualified immunity’s clearly-established prong. Id. at 20.

United States v. General Motors Corp.

702 F. Supp. 133 · District Court, N.D. Texas · Dec 19, 1988

moves the Court for judgment on the pleadings, and the EPA moves the Court to dismiss GM’s declaratory judgment action, asserting that it is jurisdictionally barred by the absence of the United States’ waiver of sovereign immunity … Such a prohibition was clearly designed to avoid the necessity of obtaining EPA approval through the lengthy SIP revision process and to allow the TACB flexibility in fulfilling its statutory responsibilities.