Case law

Lincoln General Insurance v. U.S. Auto Insurance Services

809 F. Supp. 2d 582 · District Court, N.D. Texas · Aug 18, 2011

Defendants counter that Colonial Penn turned on the fact that the president was also acting as a local recording agent, not merely the president, while Maxwell was clearly not an agent. (Defs.’ Reply 12). … Thus, there is no reason to believe, as Defendants suggest, that corporate officers are given blanket immunity on the basis of their status within the corporation.

Ackerman McQueen Inc v. Stinchfield

District Court, N.D. Texas · Dec 22, 2020

Second, AMc fails to establish that withholding these documents are placing the material at issue. … Stinchfield has not established that drafts of his affidavit or written statement qualify for protection under Rule 26(b)(3).

Mendoza

District Court, N.D. Texas · Jun 25, 2026

“Instead, to clear the ‘high bar’ of proving deliberate indifference, the challenged action must be ‘clearly unreasonable in light of the known circumstances.” Jd. (quoting Davis v. Monroe Cnty. … Here, ajury could easily conclude that AISD’s actions on August 24, 2022 were “clearly unreasonable.” Jaxson suffered an epileptic episode that caused him to lie suffering on the ground for nearly twenty minutes.

National Association for Gun Rights, Inc. v. Garland

District Court, N.D. Texas · Aug 30, 2023

“[T]he scope of injunctive relief is dictated by the extent of the violation established[.]” Califano v. Yamasaki, 442 U.S. 682, 702 (1979). … To qualify as a machinegun under the statute, a weapon must only be capable of firing automatically once the trigger itself performs a single function. Id. at 460, 465.

Hopper v. Federal Medical Center Carswell

District Court, N.D. Texas · Jul 27, 2021

That law provides that no qualified individual with a disability shall be excluded from participation in, denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance … A prison system is not, however, required to establish grievance procedures, and inmates do not have a basis for a lawsuit because a prison system has not established grievance procedures or fails to adhere to it. 42 U.S.C

Randy Rafael Mosquera Gil v. Immigration and Customs Enforcement, et al.

District Court, N.D. Texas · Apr 21, 2026

First, the petition includes no explanation of how Materan qualifies to proceed as “next friend” on behalf of Petitioner. … The potential next friend has the burden to clearly “establish the propriety of his status” so as to “justify the jurisdiction of the court.” Whitmore, 495 U.S. at 164; Weber v.

Braidwood Management Inc. v. Xavier Becerra

District Court, N.D. Texas · Sep 7, 2022

Second, the Advisory Committee on Immunization Practices (“ACIP”) recommends certain immunizations. Id. § 300gg-13(a)(2). … Second, Congress has clearly delineated the public agencies to apply that policy.

Marshall v. Huffhines Steel Co.

488 F. Supp. 995 · District Court, N.D. Texas · Nov 27, 1979

Marshall, 592 F.2d 373 (7th Cir. 1979), where it was stated that [T]he injury resulting from an illegal inspection is clearly separate from injury relating to the citations, as the former would exist even if OSHA had found … Hence the defendant’s argument turns on whether the amendment qualifies as an “interpretative rule” or “rule of agency procedure and practice.”

Osborn v. Bell Helicopter Textron, Inc.

828 F. Supp. 446 · District Court, N.D. Texas · Aug 5, 1993

Quik-Com is a communications network, established at Osborn’s initiative while he was working at BHT, to transmit and access messages worldwide at BHT-established terminals. … BHT cited two cases that clearly reference this well-settled principle. Notwithstanding these authorities, Osborn filed a reply brief insisting upon his right to file his amended complaint.

United States Fire Insurance v. Deering Management Group, Inc.

946 F. Supp. 1271 · District Court, N.D. Texas · Aug 13, 1996

And clearly, U.S. Fire was not in privity with Ybarra and thus cannot be said to have had its interest on this issue adequately represented. … Finally, Tilley is clearly inapposite as it is completely distinguishable from the case at bar.

Materan

District Court, N.D. Texas · Apr 21, 2026

First, the petition includes no explanation of how Materan qualifies to proceed as “next friend” on behalf of Petitioner. … The potential next friend has the burden to clearly “establish the propriety of his status” so as to “justify the jurisdiction of the court.” Whitmore, 495 U.S. at 164; Weber v.

Bergen v. Continental Casualty Co.

368 F. Supp. 2d 567 · District Court, N.D. Texas · Feb 7, 2005

Instruments Inc., 100 F.3d 1173, 1181 (5th Cir.1996) (stating that if “the older employee shows that he was terminated in favor of younger, clearly less qualified individuals, a genuine, material fact issue exists.”) … To overcome summary judgment, Plaintiff is first required to establish a prima facie case of discrimination by showing that she was (1) a member of a protected class; (2) qualified for the position held at the time of discharge

Dallas Cowboys Football Club, Ltd. v. America's Team Properties, Inc.

616 F. Supp. 2d 622 · District Court, N.D. Texas · Mar 30, 2009

A “hint” is not enough to make the mark clearly suggestive. A team is almost by definition “sports-related.” … Although the volume of sales is not clearly established prior to the 1990s, apparently due to changes in personnel and poor record-keeping, the Cowboys’ sales far outstrip Defendant’s.

Baylor County Hospital District v. Burwell

163 F. Supp. 3d 372 · District Court, N.D. Texas · Feb 19, 2016

Title XVIII of the Social Security Act establishes the Medicare Program (“Medicare”), which provides federal health insurance benefits to most persons over age 65 and to younger persons with certain disabilities. … Here, “[t]he first half of this test is clearly satisfied: Congress has delegated general rulemaking authority with respect to Medicare to the *379 Secretary of HHS, who in turn has delegated that authority to CMS.”

Wayne v. Dallas Morning News

78 F. Supp. 2d 571 · District Court, N.D. Texas · Nov 24, 1999

The record also clearly reflects that all of the employment decisions relevant to this case were made by the Morning News; thus, this factor weighs heavily against finding that the Morning News and Belo are a single employer … These claims should be dismissed. 16 To establish the second element of her prima facie case, Wayne must show that she sought and was qualified for the positions awarded to Olson, Lamar, and Menefee.

Sensabaugh v. Beto

343 F. Supp. 563 · District Court, N.D. Texas · Mar 28, 1972

If time were a bar to establishing mental competency nuno pro tune, it would. likewise be a bar to establishing mental incompetency in that fashion. In connection with the discussion of this second ground in Carroll v. … Judges are no more competent to substitute their judgment on the question for that of a qualified psychiatrist than they are to make such a substitution for the decision of a qualified medical specialist on whether the transplant

Swan v. 31457 Toyota

District Court, N.D. Texas · Oct 7, 2024

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. … A review of Swan’s filing reflects that the complaint presents allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal with prejudice.

Kennard v. Orphan of Immagation lies or

District Court, N.D. Texas · Aug 27, 2024

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. … A review of Kennard’s filing reflects that it presents allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal of the construed complaint with prejudice.

Jenkins v. City of Dallas

District Court, N.D. Texas · May 17, 2023

were “similar incidents” to establish a pattern. … And while Jenkins has established he was qualified for the Supervisor II position, see supra Section III.B, the Court still cannot plausibly find his employment record “does not support the adverse action.” See id.

Brown v. Frank Crowley Courts Building Litigation

District Court, N.D. Texas · Oct 7, 2024

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. … A review of Brown’s filing reflects that the complaint presents allegations that qualify as clearly baseless, irrational, or wholly incredible, requiring dismissal with prejudice.