Case law

Van Velzor v. City of Burleson

43 F. Supp. 3d 746 · District Court, N.D. Texas · Sep 4, 2014

In this regard, it is sufficient that the plaintiff “ ‘suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed its benefits.’” Henrietta D. v. … The City’s counterarguments do not establish that either of these accommodations would cause an undue burden for the City.

In Re Grand Jury Subpoenas Dated June 27, 1991

772 F. Supp. 326 · District Court, N.D. Texas · Aug 1, 1991

The Supreme Court has clearly stated that the act of producing documents can constitute testimonial communication protected by the Fifth Amendment because it may entail implicit statements of fact: “by producing documents … It is elementary that a person need not be guiltless to qualify for invocation of the Fifth Amendment. Id. at 987.

Lelah v. United States

District Court, N.D. Texas · Nov 4, 2020

It alleges Plaintiffs’ complaint fails to establish the Court’s jurisdiction over their claims. … Section 1346(a)(1) must be read in conformity with other statutory provisions which qualify a taxpayer’s right to bring a refund suit upon compliance with certain conditions. United States v.

Watson

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

DFPS is immune from suit. … July 28, 2008) (“[T]he Texas Department of Family and Protective Services [is] clearly a state agency and entitled to Eleventh Amendment Immunity.”).

Samaad v. City of Dallas

733 F. Supp. 239 · District Court, N.D. Texas · Jan 11, 1990

The movant bears the burden of establishing the propriety of summary judgment. Fontenot v. … I am qualified and competent to make this affidavit. I am more than 21 years of age.

Allison v. City of Fort Worth, Texas

60 F. Supp. 2d 589 · District Court, N.D. Texas · Jul 22, 1999

Establishing a Prima Facie Case A. Title VII and TCHRA. … To establish a prima facie ease of race discrimination in promotions, each plaintiff must show that he is a member of a protected class, 2 that he was qualified to be promoted and applied to be promoted to an available position

Wilkinson v. Walker

292 F. 395 · District Court, N.D. Texas · Sep 15, 1923

Wilkinson qualified as such receiver, and was ordered by the referee to take charge of all of the assets and property of the said Walker Grain Company and administer its affairs under the orders of the referee,' pending such … It seems to me that I can clearly distinguish this case from the case of Lovell v. Newman, cited above.

Consor v. Occidental Life Ins. Co. of California

469 F. Supp. 1110 · District Court, N.D. Texas · May 22, 1979

Title VII is clearly an area where class actions should be utilized to accomplish in a single proceeding what would otherwise become a multitude of individual lawsuits. … His notes clearly indicate that he contemplated having second interview with the plaintiff. .

Richardson v. Wells Fargo Bank, N.A.

873 F. Supp. 2d 800 · District Court, N.D. Texas · Jun 29, 2012

The cover letter and HAMP Plan clearly stated that plaintiff had to meet certain requirements to be eligible for a permanent modification. … Unreasonable Collection Efforts Unreasonable collection is an intentional tort, the exact contours of which are not clearly defined. EMC Mortg. Corp. v. Jones, 252 S.W.3d 857, 868 (Tex.App.-Dallas 2008, no pet.).

Jackson v. GTE Directories Service Corp.

734 F. Supp. 258 · District Court, N.D. Texas · Apr 2, 1990

Recognizing the overlap between Title VII and § 1981, the Court declined to “twist the interpretation of [§ 1981]” to cover conduct “forbidden by a clearly applicable law [Title VII].” … An employer’s decision is not immunized from liability solely because the employer replaces the terminated employee with an employee within the protected class or an older employee. See McCuen v. Home Ins.

In Re Grand Jury

446 F. Supp. 1132 · District Court, N.D. Texas · Mar 17, 1978

Neither witness took the Fifth Amendment in response to a question, and neither witness has been offered statutory use immunity in exchange for testimony. … The Court found no offer of immunity to any of the witnesses, and found that the attorney had offered to withdraw from representation as soon as a conflict arose.

Prosper Energy Corp. v. Department of Energy

549 F. Supp. 300 · District Court, N.D. Texas · Oct 12, 1982

STATUTORY AUTHORITY ISSUE The Department of Energy (DOE) clearly had the statutory authority to issue its stripper well exemption regulation. … Ruling 1974-29 is clearly interpretative and exempted from the requirements of § 553(b) of the Administrative Procedure Act. Energy Reserves Group, Inc. v.

Ramirez v. City of Arlington Texas

District Court, N.D. Texas · Jan 23, 2023

Guadarrama, 3 F.4th 129, 135–36 (5th Cir. 2021) (reversing the district court’s denial of qualified immunity after concluding that the two officers who tasered a man that they knew was doused in gasoline causing him to … To state an excessive force claim, a plaintiff must allege “(1) [an] injury (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable

Powell v. Dallas Morning News L.P.

776 F. Supp. 2d 240 · District Court, N.D. Texas · Mar 28, 2011

Conclusions Regarding Ladach’s Claim Plaintiffs have not shown that Ladach was clearly better qualified than Utz or that Defendants’ reasons for her termination are false. … According to Plaintiffs, he was quite clearly qualified to accept any assignment in the newsroom. (Id.)

United States v. Wallace

961 F. Supp. 969 · District Court, N.D. Texas · Mar 29, 1996

Plaintiffs’ sparse, indirect evidence clearly does not establish that UTC received CTU’s assets in the form of proceeds from the sale of Mostek’s assets to Thomson Semiconductors. … Meyer is qualified to deliver the opinions set forth in his declaration. The Court is further satisfied that the proper foundation for Dr. Meyer's opinions and conclusions is established in his declaration.

Mann v. Lynaugh

688 F. Supp. 1121 · District Court, N.D. Texas · Oct 20, 1987

that the factual determinations of the state court are “clearly erroneous.” … First off, the Court will observe that all of the testimony establishes that the confession was freely and voluntarily given.

Jeffery v. Dallas County Medical Examiner

37 F. Supp. 2d 525 · District Court, N.D. Texas · Feb 23, 1999

Defendant does not appear to question the first two prongs of Plaintiffs prima facie case — that he belongs to a protected class of persons and was qualified for his position of morgue clerk. … Plaintiff has clearly established the first element of his claim, that he engaged in activity protected by Title VII when he filed his First Charge with the EEOC.

Elliot v. Care Inn of Edna LLC

District Court, N.D. Texas · Jun 30, 2021

A federal issue is more likely to qualify as substantial if the case presents a nearly pure issue of law, the resolution of which “would be controlling in numerous other cases,” as opposed to a fact-bound issue; the federal … By contrast, the PREP Act would only afford immunity if it applies in this case.

Sanders

District Court, N.D. Texas · Nov 14, 2025

may summarily dismiss a complaint filed IFP 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 … Employment Discrimination To establish a claim of employment discrimination, Plaintiff must plead and prove that she (1) is a member of a protected class; (2) was qualified

Payne v. Sutterfield

District Court, N.D. Texas · Jul 27, 2021

, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915A, 1915(e)(2). … Instead, a prisoner must show that prison staff “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in similar conduct that would clearly evince a wanton disregard for any serious