Case law
Opinions from 1658 to today.
1,742 results
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United Home Rentals, Inc. v. Texas Real Estate Commission
548 F. Supp. 566 · District Court, N.D. Texas · Sep 29, 1982
Provisions of the Texas Real Estate License Act, art. 6573a, V.A.C.S., and the rules and regulations promulgated thereunder, are not ambiguous and clearly cover the actions of Plaintiffs and their employees. … shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. .The First Amendment to the Constitution specifies: Congress shall make no law respecting an establishment
Cited 1 timesPublishedDistrict Court, N.D. Texas · Apr 24, 2025
Hayward contends that “the agency regarded [him] as unable to work because of [his] immune system’s condition.” (Compl. at 4.) … Hayward does not establish that applying for the promotion would have been futile.
Cited 0 timesUnknownUnited States v. Seaboard Surety Company
201 F. Supp. 630 · District Court, N.D. Texas · Nov 7, 1961
The law is clearly against plaintiff on its first theory of recovery. Plaintiff's second theory is that the United States of America should have a recovery for the F.I.C.A. and F.U. … The United States does not qualify in any of the above categories of the bond contract. The last paragraph of the surety bond sets out the classes of persons who may sue directly on the surety bond.
Cited 12 timesPublishedBarbre 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.
Cited 3 timesPublishedRaskin v. Dallas Independent School District
District Court, N.D. Texas · Sep 30, 2024
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. … Raskin further alleges with respect to Count IX that the establishment of “Immunization Clinics . . .
Cited 0 timesUnknownChuttani v. United States Citizenship
District Court, N.D. Texas · Dec 8, 2020
Facts Congress established the EB-5 program to provide visas to immigrant investors.3 The three plaintiffs (Aashish Chuttani, Suman Siddamreddy, and Bharat Uppalapati) … That draws this case outside the Administrative Procedure Act’s waiver of sovereign immunity, and the Court DISMISSES WITHOUT PREJUDICE this action.
Cited 0 timesUnknownHandley v. City of Seagoville, Tex.
798 F. Supp. 1267 · District Court, N.D. Texas · Jan 13, 1992
In the instant case, the Court’s November 15 Order noted that the Handleys’ Fifth Amended Complaint failed to clearly state which of Sharon Handley’s federal rights were violated. See November 15 Order at 6 n. 2. … of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
Cited 7 timesPublishedMartin v. Hyundai Translead Inc
District Court, N.D. Texas · Nov 13, 2020
immunity.” … Additionally, the record clear reflects that only state law claims have been alleged; therefore, state law clearly predominates in the remainder of this case.
Cited 0 timesUnknownBucher v. Richardson Hospital Authority
160 F.R.D. 88 · District Court, N.D. Texas · Dec 13, 1994
Second, the objective medical evidence does not establish that J.B. will be irreparably harmed by the deposition process. Two psychologists testified at the hearing. … The issue in Doe was whether a civil rights claim against a public school district was barred by qualified immunity.
Cited 23 timesPublishedNational Foundation v. City of Fort Worth
307 F. Supp. 177 · District Court, N.D. Texas · Nov 30, 1967
Plaintiff’s satisfaction of any of the other qualifying criteria of the statute was not questioned. … However, plaintiff’s suit is also defeated by other well established rules of constitutional law.
Cited 3 timesPublishedRamirez ex rel. Situated v. Exxon Mobil Corp.
334 F. Supp. 3d 832 · District Court, N.D. Texas · Aug 14, 2018
The Fifth Circuit has clearly indicated it requires sufficient facts and support in an individual's affirmation or affidavit establishing the individual has personal knowledge of the alleged misrepresentations such that the … ExxonMobil knew in 2016 that the Kearl Operation's bitumen reserves no longer qualified as proved reserves.
Cited 6 timesPublished166 F. Supp. 2d 525 · District Court, N.D. Texas · Apr 17, 2001
Such a prima facie case is established if Crosby provides evidence that he: (1) was a member of a protected group; (2) was qualified for his position; (3) suffered an adverse employment action; and (4) was replaced by a similarly … qualified individual outside of the protected group.
Cited 1 timesPublishedLuckett v. Harris Hospital-Fort Worth
764 F. Supp. 436 · District Court, N.D. Texas · Jun 21, 1991
As discussed below, Congress, at the time of the 1947 amendment, clearly knew how to specifically provide for the conferral of federal jurisdiction. … The HIV causes Acquired Immune Deficiency Syndrome ("AIDS").
Cited 6 timesPublishedLynch v. Union Pacific Railroad
24 F. Supp. 3d 597 · District Court, N.D. Texas · Jun 4, 2014
The Eastern District of Pennsylvania explained: [Tjhis provision [ 49 U.S.C. § 20109 (d)(3) ] is not qualified by any exception covering a final decision rendered after 210 days. … Defendant here has failed to establish that the court lacks subject matter jurisdiction.
Cited 3 timesPublishedCarmack v. Park Cities Healthcare, LLC
321 F. Supp. 3d 689 · District Court, N.D. Texas · Jul 25, 2018
A party need not, however, establish each element in every case. Id. at 357 . … qualified immunity, that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, or (4) a principle of law that limits the principle of retroactivity itself
Cited 12 timesPublishedGrantham v. Aetna Life & Casualty
455 F. Supp. 440 · District Court, N.D. Texas · Aug 17, 1978
This statement was qualified by the requirement in Hanson v. … In the Hearne case Judge Noel clearly set forth five factors in the determination of a test for due process.
Cited 3 timesPublished352 F. Supp. 977 · District Court, N.D. Texas · Nov 29, 1972
Corey desires to establish similar establishments in Dallas, but complains that Section 25A-15 prohibits him from doing so. … The ordinance establishes the hours within which a massage establishment may operate and provides for inspection by city officials. 2 .
Reversed on other grounds by Samuel COREY, D/B/A Tokyo House Massage Parlor, Plaintiff-Appellee, v. CITY OF DALLAS Et Al., Defendants-Appellants, 492 F.2d 496 (1974)Cited 19 timesPublished394 F. Supp. 2d 868 · District Court, N.D. Texas · Jan 13, 2005
Therein, Moore states that he has not "clearly delineated [Schlenker's] role from [Fundling's]." … As experience qualifies as a bona fide exemption to the EPA, the Court finds that Defendant establishes its affirmative defense. [11] *880 2.
Cited 0 timesPublishedDistrict Court, N.D. Texas · Oct 6, 2022
The City contends that Jenkins did not “establish why any particular experience or certification qualified him for the Supervisor II position which he sought.” Doc. 10, Mot. 11. … And as explained above, Jenkins has not established that he was qualified for the Supervisor II role, so he has not plead that his employment - 21 - record
Cited 0 timesUnknownDistrict Court, N.D. Texas · Jun 17, 2025
Pursuant to this provision, the Court may review a complaint and dismiss sua sponte those claims premised on meritless legal theories and those that clearly lack any basis in fact. See Denton v. … immunity and lack of municipal liability).
Cited 0 timesUnknown
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