Case law

Rahimi v. United States

474 F. Supp. 2d 825 · District Court, N.D. Texas · Dec 20, 2006

Specifically, it authorizes a means whereby a plaintiff can establish prima facie proof of damages sustained. See Turner v. Peril, 50 S.W.3d 742, 746 (Tex.App. … Rahimi could avail herself of section 18.001 in establishing the reasonableness and necessity of her past medical expenses and those of her minor children.

Edwards v. United States

District 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. … City of Fort Worth (Civil Action No. 4:22-cv-00429-O) (related facts; claims dismissed with prejudice following filing of motions to dismiss based on qualified immunity and lack of municipal liability).

BCC Merchant Solutions, Inc. v. Jet Pay, LLC

129 F. Supp. 3d 440 · District Court, N.D. Texas · Sep 8, 2015

Thus, BCC clearly has standing for its claims agáinst JetPay and Voigt. … Nonetheless, there are certain damages sought by BCC that do qualify as consequential.

United States v. Lipshy

492 F. Supp. 35 · District Court, N.D. Texas · Sep 25, 1979

Lipshy was required to bring certain records, the scope of which was clearly denoted in the summons itself. … A qualified immunity from discovery under the Federal Rules is extended to the content of information prepared by an adverse party’s counsel in the course of preparation for possible litigation. Hickman, supra.

Biggers v. BAC Home Loans Servicing, LP

767 F. Supp. 2d 725 · District Court, N.D. Texas · Feb 10, 2011

BAC acknowledges, however, that Texas courts have not squarely decided whether foreclosure qualifies as “debt collection” under the TDCPA. … Mundaca does not address whether a foreclosure proceeding qualifies as a "debt collection” under the TDCPA. 7 .

Exxon Mobil Corp. v. United States

253 F. Supp. 2d 915 · District Court, N.D. Texas · Mar 10, 2003

report volumes and values for the qualified transactions. … This provision .clearly states that if the “Volume Weighted Average Field Price” of natural gas exceeds the contract *932 price, then the price under the contract will increase.

Birdo v. Abbott

District Court, N.D. Texas · Aug 29, 2025

Like other forms of official immunity, judicial immunity is an immunity from suit, not just from paying damages. Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … To establish a due process violation in connection with a disciplinary hearing, a prisoner must establish that he has been denied a “liberty interest that the prison action implicated or infringed.” Richardson v.

Detgen ex rel. Detgen v. Janek

945 F. Supp. 2d 746 · District Court, N.D. Texas · Mar 13, 2013

The nonmoving party has a duty to designate the evidence in the record that establishes the existence of genuine issues as to the material facts. Celotex Corporation v. … The statute by its terms authorizes private suits against government officials for the “deprivation of any rights, privileges, or immunities.” Id.

Johnson v. Wells Fargo Bank

999 F. Supp. 2d 919 · District Court, N.D. Texas · Feb 24, 2014

The Court may clearly consider the Deed of Trust, which is part of the pleadings. See In re Katrina Canal Breaches Litig., 495 F.3d at 205 . … Plaintiff also urges that the right to foreclose cannot be asserted until the foreclosing party establishes that they are the holder or owner of the Note. See id.

Tasby v. Woolery

869 F. Supp. 454 · District Court, N.D. Texas · Jul 26, 1994

The District has an affirmative action plan to recruit qualified Black and Hispanic teachers. … Some parents said that there were not enough qualified Black teachers for the predominantly minority schools in South Dallas, and that the qualified Black teachers in south Dallas schools are transferred to the North Dallas

Stevens v. Gonzalez

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

Therefore, under the Eleventh Amendment, “[f]ederal courts are without jurisdiction over suits against a state, … unless that state has waived its sovereign immunity or Congress has clearly abrogated it.” Moore v. … A plaintiff must describe the claim well enough to establish that its “arguable nature ...is more than hope.”

Jesuit College Preparatory School v. Judy

231 F. Supp. 2d 520 · District Court, N.D. Texas · Jan 24, 2002

Danforth, 428 U.S. 52 , 96 S.Ct. 2831 , 49 L.Ed.2d 788 (1976), clearly signal that parental authority falls short of being constitutionally absolute. … The court is not satisfied that Eleventh Amendment immunity applies because the lack of necessary facts in the record does not permit it to determine whether such immunity exists to show that the UIL is an arm of the state

Continental Bus System, Inc. v. City of Dallas

386 F. Supp. 359 · District Court, N.D. Texas · Dec 17, 1974

. § 1983 gives this Court jurisdiction to redress the deprivation, by persons acting under color of state law, of the plaintiff’s federally assured rights, privileges and immunities. 5 In this branch of its argument, Continental … It is true that another ease cited by Continental clearly says, “The City does not have a right to grant an exclusive franchise to itself or anyone else. Article 1, Section 26, Constitution of Texas .”

Krikie v. State of Texas

District Court, N.D. Texas · May 7, 2025

“‘Federal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless the state has waived its sovereign immunity or Congress has clearly abrogated it … Krikie has not identified any waiver or abrogation of sovereign immunity.

S. v. D.

335 F. Supp. 804 · District Court, N.D. Texas · Nov 1, 1971

Clearly the State's conduct in the enforcement of the challenged statute has injured the plaintiffs and adversely affected their interest. … S. conclusively established jurisdiction when she attempted to file a complaint with the District Attorney of Dallas County and he refused to prosecute. The case is therefore ripe for federal action.

Garcia

District Court, N.D. Texas · Aug 20, 2026

The court will assume arguendo that Garcia has established that he was qualified and, therefore, has established his prima facie case. 2 … But even if he had, the record fails to show that Garcia was clearly better qualified than the individuals DroneUp hired in February 2022. 5Garcia also applied for, but did not receive, positions with DroneUp in August

Pyle v. Beverly Enterprises-Texas, Inc.

826 F. Supp. 206 · District Court, N.D. Texas · Jul 14, 1993

It clearly alleges common law claims of negligence, intentional infliction of emotional distress, and breach of duty of good faith and fair dealing. … Because Texas law does not require that Beverly establish such a plan, it did not do so “solely for the purpose of complying with” the TWCA. See Diaz v.

McCullough

District Court, N.D. Texas · Mar 5, 2026

First, “[i]t is clearly established under Texas law . . . that the parties’ mutual promise to resolve disputes through arbitration constitutes valid consideration for the arbitration agreement.” Fernandes v. … In any event, MHMR has not yet invoked any degree of immunity, and the Court will leave any questions raised by immunity, if they arise, to the arbitrator in accordance with the parties’ Agreement to delegate issues of

Lowe v. Viewpoint Bank

972 F. Supp. 2d 947 · District Court, N.D. Texas · Sep 18, 2013

Apr. 5, 1999) (“Defendants, a bank and two of its employees, clearly are not covered by this statutory provision”) (citing to 42 U.S.C. § 2000a(b)). 11 C. … She also claims Defendant’s “intent to injure or defraud” her is established under 18 U.S.C. § 656 .

Slavik v. Dr. Pepper Bottling Co. of Texas Employee Welfare Benefit Plan

867 F. Supp. 472 · District Court, N.D. Texas · Aug 31, 1994

However, the Oss court clearly and unequivocally adopted the “make whole” doctrine of subrogation. … Holliday, 498 U.S. 52 , 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990), immunized the Plan from *481 any state law regulation.