Case law

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.

Jason Woolard v. Life Time Fitness, Inc.

District Court, N.D. Texas · Sep 28, 2023

There are two ways to establish improper joinder: “(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non-diverse party in state court … In unusual cases, a claim may be dismissed “if a successful affirmative defense appears clearly on the face of the pleadings.” Clark v. Amoco Prod.

In re Brannon

53 F.2d 401 · District Court, N.D. Texas · Nov 4, 1931

It was also in the Oliver Case that the court said, in substance, that taxes were entitled to priority of payment over claims for wages whenever it does not clearly appear that the particular tax has been subordinated to … The contest between the tax collectors and the landlords is simplified in the present situations because the tax upon personal property in Texas operates upon that particular property, and the lien thereon is established

Thompson v. Bank of America, N.A.

13 F. Supp. 3d 636 · District Court, N.D. Texas · Apr 7, 2014

This evidence establishes that Defendants complied with the requirements under § 51.002(d). Tex. Prop.Code § 51.002(d). … Both the Note and Deed of Trust have provisions that clearly express the Defendants’ intent to maintain its right to accelerate and foreclose.

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

District Court, N.D. Texas · Mar 11, 2024

Pickett timely filed her “objections,” including a number of exhibits purporting to establish the factual veracity of her claims. Dkt. Nos. 92–96. The defendants responded to Pickett’s objections. Dkt. No. 97. … Further, given that Judge Bryant’s determination of the facts was permissible under Federal Rule of Civil Procedure 56, the Court determines that Judge Bryant did not err, clearly or otherwise.

Cunningham v. United States (In Re Freytag)

173 B.R. 330 · District Court, N.D. Texas · Aug 22, 1994

Freytag cannot qualify for innocent spouse relief under TAMRA Section 6004 for tax years 1978-1980. Ms. Freytag, citing Thompson v. Commissioner of Internal Revenue, 63 T.C.M. … Freytag has not shown the finding that she had actual knowledge of the understatements to be clearly erroneous. 7 .Treas.Reg.

Marrero v. Mayor Johnson and the Dallas City Municipality

District Court, N.D. Texas · Aug 1, 2025

immunity, and because the allegations appear to be frivolous. … Marrero’s “Third Final Amended Complaint” presents allegations that qualify as clearly baseless, irrational, or wholly incredible and, thus, inadequate to support any cognizable claim.

McLaren v. Imperial Casualty & Indemnity Co.

767 F. Supp. 1364 · District Court, N.D. Texas · Feb 12, 1991

For all the reasons previously given, the conduct of Taylor about which McLaren has complained clearly was not committed in the regular course of his duty as a law enforcement officer. … However, for the purpose of this memorandum opinion, the court is assuming, arguendo, that the "Personal Injury" part of the coverage extends, subject to the terms and provisions of the policy, to each person who qualifies

Vuyanich v. Republic Nat. Bank of Dallas

505 F. Supp. 224 · District Court, N.D. Texas · Oct 22, 1980

Nor are courts immune to this pervasive imprecision: the latitude allowed a district court in computing Title VII back pay awards, see, e. g., United States v. … they are actually qualified.

Carter v. Dies

321 F. Supp. 1358 · District Court, N.D. Texas · Dec 21, 1970

the instant case is whether the State of Texas through the imposition of primary filing fees has unduly impinged upon the right of its citizens to associate for the advancement of political beliefs and the right of its qualified … Clearly, this first alleged justification is without sufficient merit to warrant the imposition of these burdens.

Abor v. Russell

District Court, N.D. Texas · Jun 17, 2025

Judicial immunity is an immunity from suit, not just from the ultimate assessment of damages. Mireles v. Waco, 502 U.S. 9, 11 (1991). … Allegations of bad faith, malice, or corruption do not overcome judicial immunity. Id.

Rodriguez v. Southern Health Partners Inc

District Court, N.D. Texas · Aug 16, 2023

The first requirement is that the expert be qualified. … Texas law clearly provides that the critical factor is the expert’s familiarity with the medical condition involved, which plaintiffs have established that Drs.

Gitwaza v. Garland

District Court, N.D. Texas · Jul 8, 2024

BACKGROUND Gitwaza is a pastor and the founder of Authentic Word Ministry, which has established churches worldwide, including in several U.S. states. … Regarding the criteria for naturalization, Congress holds the authority to establish rules for the process. See Kariuki, 709 F.3d at 503.

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.

BNSF Railway Co. v. OOCL (USA), Inc.

667 F. Supp. 2d 703 · District Court, N.D. Texas · Oct 14, 2009

OOCL’s suit is for indemnity and will involve contract interpretation; namely, whether Ihara, Bayer, or Suttons qualify as a “merchant” as defined in OOCL’s bill of lading. … Conclusion OOCL has not established that any of the private- or public-interest factors weigh in favor of transfer.

Texas Tech University v. Spiegelberg

461 F. Supp. 2d 510 · District Court, N.D. Texas · Nov 2, 2006

Spiegelberg has clearly infringed upon Texas Tech’s clearly established marks. … Clearly, Spiegelberg’s defense of unclean hands is without merit.

Ryan v. Grapevine-Colleyville Independent School District

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

Viewpoint discrimination is “a clearly established violation of the First Amendment in any forum.” Id. at 350. … Thus, the Court need not address Rodriguez’s qualified immunity defense.

Vess v. City of Dallas

District Court, N.D. Texas · Mar 3, 2022

The City has now filed a motion that (although somewhat unclear) seeks to limit discovery to Cox’s qualified immunity defense. … Because no party asks the court to decide Cox’s qualified immunity defense, and the City has dropped its request to stay discovery pending the resolution of the issue of qualified immunity, the court construes the City’s

United States v. Papworth

156 F. Supp. 842 · District Court, N.D. Texas · Nov 11, 1957

The operation of military banking facilities is clearly the carrying out of a national purpose, an area in which the authority of state laws or their administration may not interfere. … That the admissibility of evidence is a matter of procedure is established by its presence in the Federal.

Eaton v. United States

District Court, N.D. Texas · Mar 11, 2025

“It 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. … A review of Eaton’s filing reflects that the construed complaint presents claims and allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal.