Case law

Maxwell v. Radioshack Corp.

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 ...

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.

Lofton v. McNeil Consumer & Specialty Pharmaceuticals

682 F. Supp. 2d 662 · District Court, N.D. Texas · Jan 27, 2010

Fourth, Defendants argued that Plaintiffs’ experts are not qualified to offer testimony regarding general causation, specific causation, and the labeling requirements of the Food and Drug Administration (“FDA”). … For example, the Sixth Circuit found: The Michigan legislature has provided a general immunity for drug manufacturers with a specific exception for circumstances involving, inter alia, fraud on the FDA rather than a specific

Striblin v. Burkhart

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

Defendants Burkhart, Sanders, Counts, and Norton filed a motion for summary judgment on qualified immunity, with a brief and appendix in support. Dkt. Nos. 59, 60, 61. … Plaintiff has not overcome Defendant Burkhart and Sanders’ entitlement to qualified immunity.

Garcia v. Montford Unit

District Court, N.D. Texas · Nov 22, 2024

immunity, it is the undersigned’s RECOMMENDATION that the Court enter limited scheduling order requiring Flores to file a dispositive motion for the purpose of making a preliminary determination on qualified immunity. … No. 34 at 6 (raising several defenses, including qualified immunity).

Lindsey

District Court, N.D. Texas · Feb 25, 2026

Lindsey has not directed the Court to authority establishing that the state of Texas has waived immunity or consented to suit in this case, and the Court is aware of no such authority. … or Congress has clearly abrogated it,” Gunn v.

Kern v. Dynalectron Corp.

577 F. Supp. 1196 · District Court, N.D. Texas · Oct 19, 1983

Thus, the elements of Kern’s prima facie case are established. … Title VII was written with a B.F.O.Q. exception which was clearly applicable to religious discrimination.

Walker v. Hoffman

District Court, N.D. Texas · May 21, 2025

immunity. … The court held, inter alia, that Walker did not establish that the DPD Officers’ use of force violated Dail’s Fourth Amendment rights. Id. at *6, 9.

Bichel v. Kennedale Independent School District

District Court, N.D. Texas · Apr 24, 2024

She has not shown Devlin is not entitled to qualified immunity. Finally, Bichel’s Second Amended Complaint also does not state a constitutional claim against Devlin. … Because Devlin pleaded qualified immunity to Bichel’s claims, Bichel would not only need to show that Devlin violated one of her constitutional rights, but also that that right was clearly established at the time of Devlin

Mokwue v. United States

884 F. Supp. 228 · District Court, N.D. Texas · Apr 4, 1995

He carried no credentials to establish he was a doctor. Mokwue later stated he had not actually completed his training, meaning he was not licensed to practice medicine. … These facts clearly presented the required reasonable suspicion to support the conclusion that Mokwue was smuggling drugs, possibly on his body or within a body cavity.

Pilkey v. Duyck

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

Because Pilkey has not pleaded adequate facts to establish a Monell claim, the undersigned recommends the district judge dismiss his claim with prejudice. D. AG Paxton is immune from suit. … It is well established that suits for monetary damages against state officials in their official capacities are barred both by state sovereign immunity and the Eleventh Amendment, and therefore cannot succeed under § 1983

MBank New Braunfels, N.A. v. Federal Deposit Insurance

772 F. Supp. 313 · District Court, N.D. Texas · Jul 10, 1991

First, the FDIC argues that sovereign immunity shields it from this suit. … Actions of this type do not qualify as discretionary under the APA. Third, this suit is not one where the Plaintiff seeks money damages.

Cullum v. Stevens

46 F. Supp. 73 · District Court, N.D. Texas · Mar 27, 1942

That such was the intent of Congress is clearly indicated by the absence in the Act of any qualifying words such as knowingly, willfully, etc., in the civil liability provisions of the Act, and their presence, on the other … The defendant says his machine shop was such an establishment. I do not think so. It is described in the evidence as a general machine shop.

Plumlee v. CITY OF KENNEDALE

795 F. Supp. 2d 556 · District Court, N.D. Texas · Jun 27, 2011

Finally, defendant claims summary judgment is warranted as to plaintiffs claim for punitive damages because it is immune from such damages. III. … The court concludes it need not resolve those issues, however, because plaintiff has clearly failed to adduce any evidence of pretext.

Craig v. Gardner

299 F. Supp. 247 · District Court, N.D. Texas · Mar 24, 1969

. § 402 (d) (l), 2 establishes the right of every child to Child’s Insurance Benefits provided among other criteria the applicant can establish that (1) he has the status of a child of an individual entitled to old-age benefits … It clearly appears from the record in this case that the parent-child relationship comes within the above definition and that plaintiff is entitled to child’s benefits.

Greer v. Richardson Independent School District

752 F. Supp. 2d 746 · District Court, N.D. Texas · Aug 2, 2010

the injury or threat of injury must be both real and immediate, not conjectural or hypothetical.” 3 The Fifth Circuit applies the Lyons standard to claims for injunctive relief under the ADA. 4 Greer bears the burden of establishing … Berkner B Field’s Compliance with the ADA To establish a prima facie case of discrimination under Section II of the ADA, a plaintiff must demonstrate that: (1) she is a qualified individual within the meaning of the ADA;

Holloway v. HECI Exploration Co. Employees' Profit Sharing Plan

76 B.R. 563 · District Court, N.D. Texas · Aug 10, 1987

This appeal challenges the bankruptcy court’s authority to determine an action to recover benefits from a qualified ERISA profit sharing plan established pre-petition by a title 11 debtor and challenges the bankruptcy court … In 1978, Holloway decided to establish the HECI Exploration Company Employees’ Profit Sharing Plan (the “Plan”) as an employee morale booster.

Yan v. The State Bar of Texas

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

First, he reiterates clearly established case law that “no excuse is permissible” for judicial determinations rendered in excess of authority or jurisdiction. See ECF No. 122 at 6–7 (citing Stump v. … Yan cannot establish standing to sue Tarrant County unless his alleged injury is clearly traceable to acts or omissions of the County. See Lujan, 504 U.S. at 558–60.

Downey v. AH Belo Corporation

402 F. Supp. 1368 · District Court, N.D. Texas · Sep 23, 1975

Quite clearly Plaintiff failed to show that she made any kind of application, whether formal or informal, which would support her claims of failure to transfer or promote. … From the foregoing, it can be seen that Plaintiff did not establish even a prima facie case.

JetPay Corporation v. United States

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

(a), allows collectors to seek refunds: Credit or refund of any overpayment of tax . . . may be allowed to the person who collected the tax and paid it to the Secretary if such person establishes … Assuming this is a correct articulation of the test,16 JetPay doesn’t qualify for it because JetPay didn’t use its own money.