Case law

MGE UPS Systems, Inc. v. Fakouri Electrical Engineering, Inc.

422 F. Supp. 2d 724 · District Court, N.D. Texas · Mar 17, 2006

Fakouri further asserts that it is immune from liability under the first-sale doctrine. Fakouri, Khalil, and Lofton argue that MGE’s inequitable conduct bars its copyright-infringement claim. 1. … The exhaustive briefing by MGE and Fakouri on this doctrine and its application to the facts of this case clearly show that there is a fact issue regarding whether Fakouri lawfully acquired the copies of Muguet and Pacret

United States v. Steagall

88 F. Supp. 98 · District Court, N.D. Texas · Jan 19, 1950

Porter, Price Administrator, we think is so clearly stated that there is no room for error or mistake: “The complaint alleged in general language that at all times pertinent thereto the defendant sold motor vehicles in the … “In a case of this kind brought under the provisions of a statute creating the right of action where none previously existed and qualifies the right of action by requiring that the suit to enforce it be brought within a limited

Radford v. Dayton

District Court, N.D. Texas · Aug 22, 2025

conduct that would clearly evince a wanton disregard for any serious medical needs.” … Judges, however, have absolute immunity for actions taken within the scope of their jurisdiction. Stump v. Sparkman, 435 U.S. 349, 356 (1978); Mays v. Sudderth, 97 F.3d 107, 110 (5th Cir. 1996).

Nunez-Renck v. International Business Machines Corporation

District Court, N.D. Texas · Sep 14, 2023

IBM’s exhaustion defense clearly bars one of Nuñez’s Title VII claims. … The court therefore focuses on whether IBM has established that Nuñez’s FMLA claims are time-barred; that is, whether the successful limitations defense clearly appears on the face of Nuñez’s complaint.

Robinson v. RADIO ONE, INC.

695 F. Supp. 2d 425 · District Court, N.D. Texas · Feb 19, 2010

It does not stand for the proposition that any defamation claimed to be satire is immune from that test. … Even if it were to be considered, Plaintiff's Response would not have affected the outcome established by this Order.

Berry v. Indianapolis Life Insurance

600 F. Supp. 2d 805 · District Court, N.D. Texas · Feb 19, 2009

The policy issued by Indianapolis Life is clearly referenced repeatedly in the Complaint. See, e.g., Compl. ¶¶ 100, 102, 104-106. … With the exception of Rabile, the Complaint clearly lacks any allegations connecting any named Texas resident to Indianapolis Life or Indianapolis Life to Texas generally.

Stancu v. Equal Employment Opportunity Commission

District Court, N.D. Texas · Sep 8, 2025

The burden of establishing that federal jurisdiction exists “rests on the party seeking the federal forum.” Howery v. Allstate Ins. … EEOC mishandled his charge of discrimination therefore must fail because the document that Stancu relies on establishes that he filed no charge of discrimination at all.

Sandsberry v. Gulf, C. & S. F. Ry. Co.

114 F. Supp. 834 · District Court, N.D. Texas · Jul 31, 1953

The Declaration of Independence and the Revolution of 1776 merely declared and established these rights for the American Colonies. … The federal nature of the right to be established is decisive — not the source' of tbe authority to establish it.” 9 . Metcalf v. City of Watertown, 128 U. S. 586 , 9 S.Ct. 173 , 32 L.Ed. 543 ; Shulthis v.

McNeil v. Time Insurance

977 F. Supp. 424 · District Court, N.D. Texas · Sep 10, 1997

The Fifth Circuit has devised a comprehensive test for determining whether a particular plan qualifies as an ‘employee welfare benefit plan’; we ask whether a plan: (1) exists; (2) falls within the safe-harbor provision established … In the instant case, the evidence clearly shows that the Partnership paid for Jay’s premium and thus did contribute to the plan.

Exxon Corp. v. Exxon Employees' Federation of Texas

874 F. Supp. 138 · District Court, N.D. Texas · Jul 27, 1994

Plaintiff asserts that once the arbitrator found that Cooper had committed acts establishing “just cause,” his job was over. … Misco, Inc. 8 clearly delineated the appellate authority of judicial courts evaluating arbitration awards.

Fischer v. Dallas Federal Savings & Loan Ass'n

106 F.R.D. 465 · District Court, N.D. Texas · Jun 18, 1985

But the proposed class definition is clearly unsatisfactory where damage claims are asserted. Per *471 sons whose rights have not yet been violated cannot very well obtain damages. … Each claimant, in order to obtain the benefits of the class suit, would have to establish his membership in the class (i.e., that his rights were violated).

Ronit Inc. v. Block Shim Development Co.—Irving (In Re Block Shim Development Co.—Irving)

113 B.R. 256 · District Court, N.D. Texas · Apr 10, 1990

They argue the bankruptcy court clearly erred in finding: (1) that the plan was accepted by the creditors and equity security holders as required by law; (2) that the plan met the requirements of and was confirmable pursuant … To hold that significant portions of the post-confirmation transactions are immune from review on mootness grounds, however, is not to decide that all the property of the estate is unavailable to fashion effective appellate

Housing Auth. of City of Dallas, Tex. v. Northland Ins.

333 F. Supp. 2d 595 · District Court, N.D. Texas · Aug 23, 2004

Clearly, the parties discussed and deliberated the selection of counsel in the Bell lawsuit. … Under these circumstances, DHA properly refused Northland’s qualified tender of defense and defended the Bell lawsuit on its own.

Lopez

District Court, N.D. Texas · Aug 13, 2026

may summarily dismiss a complaint filed IFP if it concludes the action is: (1) frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief against a defendant who is immune … A district court’s authority to dismiss an action that fails to state a plausible claim for relief on its face extends to dismissal of “claims that are ‘clearly baseless,’ including ‘claims describing fantastic or delusional

Croft v. Governor of Texas

530 F. Supp. 2d 825 · District Court, N.D. Texas · Jan 2, 2008

Analysis The Supreme Court established a framework for analyzing challenges under the Establishment Clause of the First Amendment in Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971). … The Bourn court concluded that the Georgia legislature enacted the statute for a “clearly secular purpose.”

Parker v. State of Texas

District Court, N.D. Texas · Mar 28, 2025

immune from such relief. A complaint is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). … Plaintiffs’ claims against the state judges also run headlong into judicial immunity.

U.S. Bank National Ass'n v. Verizon Communications Inc.

892 F. Supp. 2d 805 · District Court, N.D. Texas · Sep 14, 2012

Diercksen’s actions as an Ideare board member before the spin-off clearly caused the spin-off to occur. … Therefore, the payment could not be considered a settlement payment that qualifies for protection from avoidance under section 546(e) of the Bankruptcy Code.”).

Biron v. Upton

District Court, N.D. Texas · Jan 7, 2020

immunity. … Because the Court has determined that plaintiff Biron lacks a cause of action under Bivens, the Court need not address the qualified immunity issue. See generally Maria S. As Next Friend for E.H.F. v.

Parks v. Hinojosa

District Court, N.D. Texas · Jul 2, 2021

Such a motion “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Marseilles Homeowners Condominium Ass’n Inc. v. Fidelity Nat’l Ins. … When considering a Rule 59(e) motion to reconsider, a court may not grant such a motion unless the movant establishes: “(1) the facts discovered are of such a nature that they would probably change the outcome; (2) the

United States v. Emerson

46 F. Supp. 2d 598 · District Court, N.D. Texas · Apr 7, 1999

Collective rights theorists argue that addition of the subordinate clause qualifies the rest of the amendment by placing a limitation on the people’s right to bear arms. Id. … Thus, a textual analysis of the Second Amendment clearly declares a substantive right to bear arms recognized in the people of the United States. 3.