Case law

Barnett v. Texas Wrestling Ass'n

16 F. Supp. 2d 690 · District Court, N.D. Texas · Aug 3, 1998

Municipalities and other local governmental bodies, as well as individuals, qualify as “persons” within the meaning of § 1983. Monell v. … The defendants seek summary judgment based on sovereign immunity, the ab *698 sence of an express private right of action, 6 and the Plaintiffs’ failure to exhaust administrative remedies. USD Motion II at 9.

Wright v. Tarrant County Judge

District Court, N.D. Texas · Nov 4, 2021

Absolute Immunity With regard to Plaintiff’s claims for monetary compensation against Judges Ruben Gonzalez and Cheril Hardy, judges are absolutely immune from … To establish a viable claim, a plaintiff must show that (1) he is a qualified individual with a disability; (2) he is being denied the benefits of services, programs, or activities for which the public entity is responsible

Fallett v. United States Postal Service

644 F. Supp. 625 · District Court, N.D. Texas · Aug 25, 1986

The agreement and regulations require that a bid job be awarded to the qualified applicant with the highest seniority. Plaintiff submitted a bid for the position. … The court notes initially that § 1983 creates a remedy to redress deprivation, under color of state law, of any right, privilege, or immunity secured by the Constitution of the United States.

Pickett v. Texas Tech University Health Sciences Center (TTUHSC)

District Court, N.D. Texas · Sep 23, 2021

However, in Pickett’s view, she did not qualify for dismissal under any of the stated criteria. Id. at 12. Pickett appealed her dismissal. Id. … However, Pickett also alleges that she did not qualify for dismissal under any of the stated criteria. Id. at 12.

Tejas Motel LLC v. City of Mesquite

District Court, N.D. Texas · Feb 22, 2022

In Texas, “[a] municipal government enjoys immunity from suit unless its immunity has been waived.”22 Because “immunity from suit implicates [the court’s] subject matter jurisdiction,” it may be asserted as a basis for … in a plea to the jurisdiction.23 Even where there has been a waiver of immunity, the plaintiff must assert a viable claim to avoid dismissal based on the city’s general immunity from suit.24 So, as the Texas Court of

The National Rifle Association of America Inc v. Bureau of Alcohol, Tobacco, Firearms and Explosives

District Court, N.D. Texas · Mar 29, 2024

“At the preliminary injunction stage, the movant must clearly show only that each element of standing is likely to obtain in the case at hand.” Id. at 330 (citations omitted). … “Because the [NRA] seeks a preliminary injunction on behalf of its members, [it] must clearly show a likelihood that at least one of its members suffered such an injury.”

Gulf Petro Trading Co. v. Nigerian National Petroleum Corp.

288 F. Supp. 2d 783 · District Court, N.D. Texas · Oct 23, 2003

A practice of modifying or amending a foreign arbitral award, which has been upheld by an foreign court, could disrupt the reliability of international arbitration established under the Convention over four decades. 16 To … The Swiss court, in conformity with the foregoing, held: “Brought timely, in form prescribed by law, the instant appeal is therefore in principle qualified to be heard.”

Trans-American Van Service, Inc. v. United States

421 F. Supp. 308 · District Court, N.D. Texas · Aug 26, 1976

In reversing the FCC, the Supreme Court discussed at length the qualified nature of the policy in favor of competition in administrative decisions involving regulated industries. … Taken in context, this finding is clearly based on the one element of inadequacy of service. B.

In Re Odyssey Healthcare, Inc. Securities Litigation

424 F. Supp. 2d 880 · District Court, N.D. Texas · Sep 29, 2005

Both of those statements qualify for the safe harbor. First, both statements are clearly forward looking, and identified as such. Second, both were accompanied by meaningful cautionary statements. … Fifth Circuit and Northern District of Texas case law clearly forecloses this kind of “positional scienter.”

Girard v. City of Corsicana

District Court, N.D. Texas · Feb 19, 2025

Defendants move to dismiss each claim, arguing that Johnson is entitled to qualified immunity and that Plaintiff fails to state a claim against him. Mot. §] 3-6. … Because none of the claims against Johnson are cognizable under the applicable law, the Court does not reach Johnson’s qualified immunity or Rule 12(b)(6) arguments at this time. D.

Seaman v. Brown

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

Jan. 4, 2000) (per curiam) (“[I]t is well-established that the district court may dismiss a complaint on 12(b)(6) grounds sua sponte.” (citations omitted)). … 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

Edwards v. Oliver

District Court, N.D. Texas · Sep 30, 2022

Oliver filed a motion for summary judgment on his qualified immunity defense. … This case has proceeded fitfully at times and in piece-meal fashion, but Plaintiff and Oliver are on the verge of a disposition of Plaintiff’s claims and Oliver’s qualified immunity defense.

Federal Reserve Bank v. Webster

287 F. 579 · District Court, N.D. Texas · Jun 14, 1922

In that opinión Justice Story said: “Here the jurisdiction is clearly given by the words of the ninth section, and it is incumbent upon those who assert that it is restrained by another section, to establish the fact beyond … A proviso carves special exceptions only out of the enacting clause, and those who set up any such exception must establish it as being within the reason thereof.

Cyr v. Kaiser Foundation Health Plan of Texas

12 F. Supp. 2d 556 · District Court, N.D. Texas · Jul 16, 1998

It requires a clearly manifested congressional intent to make causes of action removable to federal court. Aaron v. National Union Fire Ins. … Quite clearly, those claims procedures only apply where a claim has been made for benefits under the plan.

Tipton v. Associated Milk Producers, Inc.

398 F. Supp. 743 · District Court, N.D. Texas · Jul 29, 1975

The parties have stipulated sufficient facts to establish the necessary connection with interstate commerce and give this Court jurisdiction. The defendant, Associated Milk Producers, Inc. … An employer who qualifies as a farmer is exempt from the overtime premium requirements of the Fair Labor Standards Act. The defendant argues that Wirtz v.

Sentry Insurance Co. v. Greenleaf Software, Inc.

91 F. Supp. 2d 920 · District Court, N.D. Texas · Mar 25, 2000

“To qualify as a professional service, the act must arise out of acts particular to the individuals specialized vocation. We do not deem an act a professional service merely because it is performed by a professional. … Greenleaf clearly intended for Sentry to come to its aid and defend this lawsuit. Sentry failed to do so. Consequently, Greenleaf submitted its claim for reimbursement. Clearly this is a first party claim.

Weber v. Merrill Lynch Pierce Fenner & Smith, Inc.

455 F. Supp. 2d 545 · District Court, N.D. Texas · Sep 1, 2006

(“NASD”) arbitration had failed to disclose information showing she was not qualified to be an industry arbitrator under NASD rules. Id. at *2. … They do not, however, clearly rely on this as a ground for obtaining vacatur of the award.

Garvin v. Sw. Corr., L. L.C.

391 F. Supp. 3d 640 · District Court, N.D. Texas · Jun 18, 2019

Plaintiff has failed to plausibly allege sufficient facts to establish severe or pervasive harassment. … The alleged teasing by Major Bennett about Plaintiff's appearance-focused on characteristically male traits, and made in front of other employees and inmates-was clearly humiliating and boorish, if true.

Petlechkov v. United States

District Court, N.D. Texas · Nov 13, 2023

duties by failing to account for and properly calculate [P]laintiff’s GCT for his second year of custody when they wrongfully and negligently removed 12 days of GCT for not having a GED or high school diploma, when the PSR clearly … App’x 193, 194 (5th Cir. 2019) (finding plaintiff’s conclusory assertions were insufficient to establish subject matter jurisdiction).

Barbre v. Garland Independent School District

474 F. Supp. 687 · District Court, N.D. Texas · Jul 5, 1979

The Aide must have been employed in, qualified for and assigned to the duties in each pay grade. … First of all, unlike the Pickering case, in the case at bar, “the fact of employment is clearly the central focus of the plaintiff’s communications.