Case law

Mosley v. Bill E. Waybourn

District Court, N.D. Texas · Jan 10, 2023

“A complaint lacks an arguable basis in law if it is based on an indisputable meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Id. … Because absolute immunity is an immunity from suit rather than a mere defense to liability, it is appropriate for district courts to resolve the question of absolute immunity before reaching the Heck analysis when

State v. United States

201 F. Supp. 3d 810 · District Court, N.D. Texas · Aug 21, 2016

To qualify for a preliminary injunction, the movant must clearly carry the burden of persuasion with respect to all four requirements. Karaha Bodas Co. v. … Defendants’ Guidelines are clearly designed to target Plaintiffs’ conduct.

Greener v. Cadle Co.

298 B.R. 82 · District Court, N.D. Texas · Jul 25, 2003

Even if the Partnership and Contribution Agreements are hearsay, their admission was harmless, because the point, if any, sought to be established with these documents is necessarily established with the RTC-Premier Assignment … To be admitted into evidence, the other recorded statement must be relevant and "necessary to qualify, explain, or place into context the portion already introduced.” Id. at 728 .

Shekar

District Court, N.D. Texas · Jun 3, 2026

And “[i]t is well-established that a district court may dismiss a complaint on its own motion under [Rule] 12(b)(6) for failure to state a claim upon which relief may granted.” Starrett v. U.S. … So the claims against Judge DeCelles – whether for injunctive, declaratory, or monetary relief – are barred by judicial immunity. See Nixon v. Fitzgerald, 457 U.S. 731, 745-47 (1982); Mireles v.

Simmons v. City of Fort Worth, Tex.

805 F. Supp. 419 · District Court, N.D. Texas · Jun 12, 1992

The tangential debate about whether temporal duration of the policy qualified as “inadvertent” is unnecessary. 778 F.Supp. at 1487 . … The undisputed facts outlining their responsibilities clearly typify management work as outlined in 29 C.F.R. § 541.102 (b). C.

McNeily v. United States

798 F. Supp. 395 · District Court, N.D. Texas · Jan 8, 1992

“The overriding purpose for establishing these administrative procedures is to ‘enable ... the [RTC] to dispose of the bulk of claims against failed financial institutions expeditiously and fairly’.” … This case presents an issue upon which district courts have clearly differed, and which apparently no circuit court has directly addressed 5 .

Firearms Policy Coalition, Inc v. McCraw

District Court, N.D. Texas · Aug 25, 2022

They argue that they are entitled to sovereign, qualified, and prosecutorial immunity. … And when state sovereign immunity applies, “Congress had spoken sufficiently clearly to overcome [it] in enacting § 1988.” Id.

Pesole v. Health Care Service Corp.

277 F. Supp. 3d 866 · District Court, N.D. Texas · Sep 29, 2017

The understanding that “judgment” includes an attorney’s fees award is well-established under Texas law. 1 See, e.g., 2 William V. … (looking to Texas law to determine when stipulations in a petition qualify as binding judicial admissions).

Middleton v. Ball-Foster Glass Container Co.

139 F. Supp. 2d 782 · District Court, N.D. Texas · Feb 2, 2001

Defendant could not prevent Plaintiff from obtaining another job in the cold end for which he might be qualified. … Defendant’s caution in seeking a release from Plaintiff for Baylorworx to view "Plaintiff s FCE and medical records is reasonable, as Defendant clearly felt it needed a release for the FCE itself in addition to any general

Merritt Hawkins & Associates, LLC v. Gresham

79 F. Supp. 3d 625 · District Court, N.D. Texas · Jan 13, 2015

Defendants are correct that MHA originally sought to qualify Smith as an expert. Doc. 100 at 27 (MHA’s expert designation, asserting, “Smith is qualified as an expert”). … These documents undeniably qualify as “Confidential Business Information.” Doc. 104-1 at 59 (Gresham’s employment agreement).

Sanders v. Baucum

929 F. Supp. 1028 · District Court, N.D. Texas · Jun 10, 1996

Clearly, the test enunciated in Boeing is met, and the Court must therefore DENY Defendant’s Renewed Motion for Judgment as a Matter of Law. … With respect to punitive damages, you may make separate awards on each claim that plaintiff has established, (emphasis added).

McNeely v. State Farm LLoyds

District Court, N.D. Texas · Jun 5, 2023

As established above, Defendant’s prepayment for Plaintiffs’ hail damage does not make Plaintiffs the prevailing party. … from the requirement that they qualify as a prevailing party, then the most Plaintiffs could establish in fees would be the delta between the $21,135 reflected on the March 18, 2022 invoice and the $19,420 already

United States v. Medica-Rents Co.

285 F. Supp. 2d 742 · District Court, N.D. Texas · Sep 23, 2003

MedicaRents is not apparently billing for preventative patients, however, they are clearly taking advantage of an interim situation which allows for much more flexibility, and abuse, with regards to what patients qualify … Thus, the evidence clearly establishes that it was unclear, at best, who had the authority to make coding decisions.

Hertz Corp. v. Pap

923 F. Supp. 914 · District Court, N.D. Texas · Dec 14, 1995

This is clearly not the case. The reckless conduct exclusion prohibits “willful or wanton misconduct, which among other things, may include reckless conduct.” … . 7 As a qualified self-insured, Hertz is exempt from the general requirement of the Act which is the requirement of automobile liability insurance.

Lutz v. Mario Sinacola & Sons Excavating Inc

District Court, N.D. Texas · Feb 16, 2024

Lutz has not met her burden to show she was clearly more qualified than the retained employees. … F.3d at 723 (determining that plaintiff had not shown he was clearly better qualified where plaintiff had college degree, greater management experience, and other qualifications).

Johnson v. City of Dallas

860 F. Supp. 344 · District Court, N.D. Texas · Aug 18, 1994

Although sleeping is an act rather than a status, the status of being could clearly not be criminalized under Robinson . … The State established a dividend program that distributed earnings from this fund directly to Alaska residents.

ER Addison, LLC, et al. v. Aetna Health, Inc., et al.

District Court, N.D. Texas · Apr 8, 2026

To establish standing to “bring [an] ERISA suit[] standing in the shoes of [its] patients,” North Cypress Medical Center Operating Co. v. … ER responds that Aetna’s immunity argument is premature.

Jenkins v. Tarrant County Sheriff's Office

District Court, N.D. Texas · Feb 11, 2022

“It is well-established that DPS is an arm of the State of Texas that is entitled to Eleventh Amendment immunity.” Gonzales v. Hunt Cnty. Sheriff’s Dep’t, No. 3:20-cv-3279-K, 2021 WL 2580556, at *2 (N.D. Tex. … from this suit, and this immunity has not been waived.

Tait v. Barbknecht & Tait Profit Sharing Plan

997 F. Supp. 763 · District Court, N.D. Texas · Mar 9, 1998

This interpretation is clearly at odds with a fair reading of the plan. … An individual need not be vested in plan benefits to qualify as a “participant” entitled to receive plan documents. Abraham, 85 F.3d at 1132 .

Jones v. Dallas County

47 F. Supp. 3d 469 · District Court, N.D. Texas · Sep 18, 2014

(“Jones II”), the court dismissed plaintiffs’ § 1983 claims against the Individual Defendants in their individual capacities based on qualified immunity. Id. at *6. … It is clearly established that a suit against a government official in his or her official capacity is “only another way of pleading an action against an entity of which [the official] is an agent.” Monell v.