Case law
Opinions from 1658 to today.
1,742 results
2.10s
Securities & Exchange Commission v. Cuban
798 F. Supp. 2d 783 · District Court, N.D. Texas · Jul 18, 2011
The panel began by observing that when seeking an equitable remedy, “the United States is no more immune to the general principles of equity than any other litigant.” Id. at 548 . … The basis for the unclean hands defense is not clearly set out in the court’s opinion.
Cited 19 timesPublishedDistrict Court, N.D. Texas · Mar 6, 2026
Defendant Osaade moves to dismiss Maness’s claims, arguing that Maness failed to plead adequate facts giving rise to a plausible Bivens claim or, if Maness does state a Bivens claim, that she is entitled to qualified immunity … Allegations of malpractice, negligence, or unsuccessful treatment fail to establish deliberate indifference. Gobert, 463 F.3d at 346.
Cited 0 timesUnknownBichel v. Kennedale Independent School District
District Court, N.D. Texas · Dec 13, 2023
Devlin pleaded qualified immunity to Bichel’s claims, Bichel would not only need to show that Dr. … Devlin violated one of her constitutional rights, but also that that right was clearly established at the time of Dr. Devlin’s alleged misconduct. See Pearson v. Callahan, 555 U.S. 223, 232 (2009).
Cited 0 timesUnknownDistrict Court, N.D. Texas · Oct 19, 2021
Riojas, —U.S.—, 141 S.Ct. 52, 208 L.Ed.2 164 (2020) (per curiam), a 42 U.S.C. § 1983 suit in which the Supreme Court vacated a grant of qualified immunity. … The allegation clearly implies that Defendant Christian conducted the pertinent testing and found only mildew.
Cited 0 timesUnknown48 F. Supp. 3d 941 · District Court, N.D. Texas · Sep 23, 2014
immunity response). … Therefore, it is reasonable to allow a lower number of incidents to establish a pattern of conduct in a shooting case.
Cited 25 timesPublishedDistrict Court, N.D. Texas · Nov 19, 2019
under the TWCA as derivative of the employer’s immunity. … immunity as well
Cited 0 timesUnknown28 F. Supp. 2d 401 · District Court, N.D. Texas · Jun 25, 1998
Fraud is never presumed and, when it is alleged, the facts sustaining it must be clearly shown. Stephanz v. Laird, 846 S.W.2d 895, 903 (Tex. App.—Houston [1st Dist.] 1993, writ denied). … One of the reports includes only the odd-numbered pages and appears to be the report of a law firm rather than an individual qualified to give expert testimony.
Cited 7 timesPublishedDistrict Court, N.D. Texas · Dec 8, 2025
Defendants argue that these claims should be dismissed for lack of subject matter jurisdiction because Hornsby has not established that the federal government waived its sovereign immunity from suit and because Title VII … To establish a prima facie case of age discrimination, a plaintiff is required to show that (1) his is “within the protected class,” (2) he was “qualified for the position,” (3) he “suffered an adverse employment decision
Cited 0 timesUnknownCrawford v. Guideone Mutual Insurance
420 F. Supp. 2d 584 · District Court, N.D. Texas · Feb 21, 2006
Moreover, Plaintiff himself is clearly not an organization under the control or authorization of LCU. … No arguments were advanced as to whether he might qualify as an “entity” under the “Organization Provision” — thus, the Court will not analyze such.
Cited 3 timesPublishedGolatt v. Perot Museum of Nature and Science
District Court, N.D. Texas · Mar 3, 2023
Clearly Better Qualified i. … To defeat a summary judgment motion, the unsuccessful employee must raise a genuine dispute of material fact that he was “clearly better qualified (as opposed to merely better or as qualified).” Moss v.
Cited 0 timesUnknownTexas American Bancshares, Inc. v. Clarke
740 F. Supp. 1243 · District Court, N.D. Texas · Jun 25, 1990
The Ninth Circuit rejected the FDIC’s defense of sovereign immunity in Woodbridge Plaza v. … FSLIC, 109 S.Ct. at 1370-71 (Congress clearly intended courts to have jurisdiction over claims by creditors against FSLIC).
Reversed on other grounds by Texas American Bancshares, Inc. v. Robert Logan Clarke, the Comptroller of the Currency, Federal Deposit Insurance Corporation, 954 F.2d 329 (1992)Cited 8 timesPublishedDistrict Court, N.D. Texas · Sep 29, 2021
Because sovereign immunity implicates a court’s jurisdiction, the plaintiff in a suit against the government bears the burden of establishing that a waiver of sovereign immunity applies to each claim. … The Court disagrees, holding that no precedent clearly establishes the right to international travel as fundamental and that the FAST Act withstands rational basis review.
Cited 0 timesUnknown563 F. Supp. 465 · District Court, N.D. Texas · Apr 20, 1983
Appellant made no attempt to show she was qualified under Witherspoon or to show she was excused in violation thereof. Burks v. State, 583 S.W.2d 389, 395 (Tex.Cr.App.1979). … Judged by this standard, the exclusion of Williams was clearly improper.
Cited 0 timesPublished706 F. Supp. 493 · District Court, N.D. Texas · Nov 16, 1988
Broadcast journalists attempt to conform their work to established standards of ethics. … They do not qualify as bona fide executives exempt from the FLSA. The court also finds that the assignment editors fall far short of the executive exemption, since management is clearly not their primary duty.
Cited 17 timesPublishedDistrict Court, N.D. Texas · Mar 18, 2024
Under an episodic-acts-or-omissions theory, “a plaintiff must show ‘(1) that the municipal employee violated [the pretrial detainee’s] clearly established constitutional rights with subjective deliberate indifference; and … The Texas Tort Claims Act only waives sovereign immunity for the clearly defined areas enumerated in the Act. Id.
Cited 0 timesUnknown184 F. Supp. 2d 553 · District Court, N.D. Texas · Feb 4, 2002
Defendant asserts that it enjoys immunity from plaintiffs claims for intentional infliction of emotional distress and wrongful termination as they necessarily are asserted under Texas law. … Lackey, you are not qualified to interview me or investigate me.
Cited 2 timesPublished34 F. 732 · District Court, N.D. Texas · Mar 23, 1888
Here, too, you judge in the jury-box just as you would out of it, just as all men of the intelligence and experience necessary to qualify them to sit on juries, always and everywhere, judge of the credit they should give … Confessions, when voluntarily made, and clearly proved, are taken as strong proof of guilt, because sane men do not voluntarily speak falsely against their own interest.
Cited 2 timesPublished453 B.R. 684 · District Court, N.D. Texas · Jun 1, 2011
“To establish a prima-facie case of age discrimination, ‘a plaintiff must show that (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of discharge; and (4) he … “Given the clear antitrust context in which the PSA was passed, the placement of § 192(a) and (b) among other subsections that clearly require anti[-]competitive intent or effect, and the nearly ninety years of circuit precedent
Cited 3 timesPublishedCraven v. Department of Criminal Justice—Institutional Division
151 F. Supp. 2d 757 · District Court, N.D. Texas · May 30, 2001
TDCJ does not contest that Craven is a member of a protected class, 5 she was qualified for the transfer she sought, and the transfer went to someone not of the same protected class. … City of Galveston, 979 F.Supp. 514, 518-19 (S.D.Tex.1997) (plaintiffs were transferred to less prestigious positions, which were clearly seen as demotions; other officers typically seek to be transferred out of, rather than
Cited 9 timesPublishedAllison v. TARRANT COUNTY, TEX.
92 F. Supp. 2d 601 · District Court, N.D. Texas · Apr 20, 2000
A municipality generally is immune from constitutional tort liability unless such liability arises out of the execution of an official policy or custom of the municipality. See Monell v. Department of Soc. … Because Plaintiffs’ conduct clearly was protected by the First Amendment, only the causation inquiry remains.
Cited 2 timesPublished
Ask Donna