Case law

Orenstein Law Group, P.C. v. Saldana (In re Saldana)

534 B.R. 678 · District Court, N.D. Texas · Jul 20, 2015

Were the bankruptcy court’s two factual conclusions listed below clearly erroneous? a. … However, this does not establish her interest in amount of attorney’s fees awarded to OLG in the Mexia Tire case.

Burton v. Wyeth-Ayerst Laboratories Division of American Home Products Corp.

513 F. Supp. 2d 708 · District Court, N.D. Texas · Apr 5, 2007

[is] fully qualified within [his] specially], that does not qualify [him] to speak as [an] expert[ ] in the field of the requirements of the federal regulations regarding labeling and warnings for FDA approved drugs. … Accordingly, testimony regarding Aminorex is admissible for the purpose of establishing notice to Wyeth. Therefore, Wyeth’s motion to limit the testimony of Barst and Rich is denied.

Thompson v. Aland

639 F. Supp. 724 · District Court, N.D. Texas · Jul 14, 1986

This court (Hill, J.) has previously dismissed the claims against the state judge on the ground of absolute judicial immunity. … Plaintiff’s claim under § 1983 against Aland was clearly foreclosed by the fact that none of Aland’s actions were done under color of state law, as stated in Hill and Slavin in 1974 and 1978, respectively.

Senior Unsecured Creditors' Committee of First Republic-Bank Corp. v. Federal Deposit Insurance

749 F. Supp. 758 · District Court, N.D. Texas · Oct 17, 1990

On July 29, 1988 the FDIC accepted NCNB’s bid to acquire the voting stock of a newly-established bridge bank that would succeed to the assets of all the subsidiary banks. … No. 101-73, 1989 U.S.Code Cong. & Admin.News (103 Stat.) 183 (“FIRREA”), establishes the purchase and assumption agreements treated all creditors lawfully.

Munerlyn

District Court, N.D. Texas · May 11, 2026

For purposes of screening, the Court presumes that Nurse Mayfield was employed directly by TDCJ, a state agency, and therefore qualifies as a state actor. … Even if she were a private actor who was contracted by TDCJ to provide medical services to state prison inmates, she would still qualify as a state actor under the public function test. See Cornish v. Corr. Servs.

Stacker v. Givens-Davis

District Court, N.D. Texas · Sep 10, 2024

So, Stacker reasons, at the time of his 1990 conviction, his offense was not a qualifying felony under the felon in possession of a firearm statute, and to amend the statute at a later date to make it a qualifying felony … The punishment for the qualifying felony is not altered.

Ericsson, Inc. v. St. Paul Fire & Marine Insurance

423 F. Supp. 2d 587 · District Court, N.D. Texas · Mar 27, 2006

It is the insured’s burden to establish that a claim is potentially within the scope of coverage. Id. … As the Ninth Circuit concluded in Voicestream, “To the extent *594 that seeking damages, in part, in the form of a headset neither clearly falls within a policy provision, nor is clearly excluded by the text of the policy

Kew v. Senter

416 F. Supp. 1101 · District Court, N.D. Texas · Jul 14, 1976

Plaintiffs seek declaratory and injunctive relief for the alleged deprivation, under color of law, of the rights, privileges, and immunities secured by the Constitution of the United States in the First and Fourteenth Amendments … The other two plaintiffs are owners of establishments which, until December 1975, had been operating under mixed beverage permits.

Management Insights, Inc. v. CIC Enterprises, Inc.

194 F. Supp. 2d 520 · District Court, N.D. Texas · Nov 19, 2001

In particular, these entities identify and *522 procure tax credits under federal and state programs for qualifying corporate clients. … mails the WOTC certification forms for its clients is acting with power delegated by the federal government, the government contacts exception to personal jurisdiction applies to CIC’s contacts with the agency so as to immunize

Living Benefits Asset Mgmt., LLC v. Kestrel Aircraft Co.

587 B.R. 311 · District Court, N.D. Texas · Mar 26, 2018

Because the bankruptcy court correctly found that the life settlements contemplated in the CIM qualify as securities under Howey , LBAM qualifies as an investment advisor who gave advice regarding the advisability of investing … In order to state a valid appeal, the appellant must demonstrate that particular findings are clearly erroneous.

Ross v. Moody

District Court, N.D. Texas · Mar 31, 2023

On March 12, 2021, the Officers filed a Motion for Summary Judgment Based on Qualified Immunity, (Doc. 23), seeking the dismissal of both Plaintiff Ross and Plaintiff McNickles’s § 1983 claims against them. … Moreover, Plaintiff Ross did not produce the purported statement in her appendix in support of her response to the Officers’ Motion for Summary Judgment based on Qualified Immunity (see generally Doc. 35).

Smith v. Attorney General of Texas

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

And the ability to file objections to the recommendation that this case be dismissed (as further explained below) offers Smith an opportunity to establish (if possible) that the Court does have subject matter jurisdiction … That is, “‘[f]ederal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated

Giaccio

District Court, N.D. Texas · Jun 29, 2026

So the claims against Chavez in her individual capacity are barred by judicial immunity and should be dismissed. … The proceedings at issue here clearly meet this requirement. See generally Dkt. No. 3.

Dudley v. Gonzales

District Court, N.D. Texas · Jul 25, 2025

immunity”; and (3) “objects to the legal analysis.” … As discussed in the FCR, among other things, (1) Plaintiffs “generalized allegations are insufficient as a matter of law to establish deliberate indifference by any Defendant”; (2) Plaintiff “has failed to provide

Diamond Lumber, Inc. v. Unsecured Creditors' Committee of Diamond Lumber, Inc.

88 B.R. 773 · District Court, N.D. Texas · Jun 16, 1988

It appears to this Court that the Bankruptcy Court concluded that Akin, Gump was not qualified to represent the debtors for several reasons. … The Court holds that this finding is clearly erroneous.

Wilson v. Vahue

403 F. Supp. 58 · District Court, N.D. Texas · Nov 4, 1975

The plaintiffs are individuals, residents of the City of Amarillo, Texas, and are qualified voters. … McKeithen, 485 F.2d 1297 (5th Cir. 1973), in which a long-standing policy of single-member district voting was changed to an at-large system, clearly in response to increased black voting strength in the 1960’s.

Amaru v. Rhome Police Department

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

Monell Liability and Qualified Immunity Next, Plaintiffs object to the Magistrate Judges analysis regarding Qualified Immunity and Monell liability. … For instance, Plaintiffs object that “[t]he [Magistrate] [J]udge’s finding that qualified immunity applies to . . . Martinez [] is inconsistent with established case law.”8 Whren v.

Dunlap v. City of Fort Worth

District Court, N.D. Texas · Jan 8, 2020

But Dunlap has not produced any summary-judgment evidence that she was qualified for her position as a City employee. … waiver of governmental immunity.

Shevak v. United States

528 F. Supp. 427 · District Court, N.D. Texas · Dec 7, 1981

Sovereign immunity is clearly waived when negligent treatment is alleged in a Government hospital. United States v. Muniz, 374 U.S. 150 , 155 n.9, 83 S.Ct. 1850, 1853 , 10 L.Ed.2d 805 (1963). … Texas law therefore determines the necessary proof to establish the negligence of a physician. Edwards v.

Corbett v. Texas Tech University Health Sciences Center

District Court, N.D. Texas · Jul 10, 2023

To establish a prima facie claim of gender discrimination under Title VII and, consequently, the TCHRA, the plaintiff must show that she (1) is a member of a protected group; (2) was qualified for her position; (3) suffered … Corbett fails to establish that she was qualified for her position at all relevant times. See Sreeram, 188 F.3d at 318–20.