Bad Motive
CONCLUSORY
Only speculation can fill the gaps in her complaint—speculation as to why two “non-Black candidates” were selected to fill the positions instead of her. While the allegation that non-Black decisionmakers hired non-Black applicants instead of the plaintiff is consistent with discrimination, it does not alone support a reasonable inference that the decisionmakers were motivated by bias. "
McCleary-Evans v. Maryland Dep't of Transp., State Highway Admin., 780 F.3d 582, 586 (4th Cir. 2015)
Houston's employee driver was negligent.
CONCLUSORY
Missing "even minimal factual details about the accident. For example, State Farm did not allege that the employee failed to control his speed, drove at an excessive speed over the legal limit, or proceeded through an intersection against a red signal."
City of Houston v. State Farm Mut. Auto. Ins. Co., 712 S.W.3d 707, 715 (Tex. App. 2025)
Two defendant entities "assisted or encouraged, assisted and participated, acted in concert, and conspired among themselves ... to cause the harm alleged by [the Johnsons].”
"They did not allege any specific facts in support of the theories’ required elements; instead, they vaguely alleged that the HOA and Bearfoot “coordinated and worked together” to breach unspecified “duties” and “covenants.” Such vague and conclusory allegations are not sufficient to satisfy the fair-notice and Rule 91a standards. See, e.g., Teel v. Autonation Motors, LLC, No. 02-20-00419-CV, 2022 WL 123217, at *4 (Tex. App.—Fort Worth Jan. 13, 2022, no pet.) (mem. op.) (quoting Fiamma Statler, LP, 2020 WL 6334470, at *12). Thus, the trial court did not err by concluding that the Johnsons had failed to properly plead the existence of a legal duty based on a participatory-liability theory."
Johnson v. Bearfoot Companies, LLC, No. 02-23-00366-CV, 2024 WL 2202033, at *4 (Tex. App. May 16, 2024)
For no rational reason, the City has an unwritten custom, practice and policy to afford lesser protection or none at all to victims of domestic violence.
CONCLUSORY
"These are the legal elements of the various claims McCauley has asserted; they are not factual allegations and as such contribute nothing to the plausibility analysis under Twombly/Iqbal." McCauley v. City of Chicago, 671 F.3d 611, 618 (7th Cir. 2011)
Santiago was left restrained for thirty minutes while her home was searched, during which time she had a heart attack.
NOT CONCLUSORY (but court will have to separately consider whether taken as a whole, the non-conclusory allegations state a claim).
Santiago v. Warminster Twp., 629 F.3d 121, 133 (3d Cir. 2010)
"Appellants allege there was an agreement between the parties wherein appellant was an “agent,” and that part of the agreement included an agreement for appellees to pay appellants a specific dollar amount of commissions. "
" These are the only factual allegations necessary to support a breach of contract claim. See Crockett, 257 S.W.3d at 416."
Chen v. Found Onchain Inc., No. 13-25-00232-CV, 2026 WL 1027669, at *5 (Tex. App. Apr. 16, 2026)
"These reports were intended to address safety concerns, not with malice or ulterior motive."
"Merely stating that one acted either in good faith or bad faith is conclusory." ZDENKA WILCOX, Appellant v. JUAN DIEGO DURAN, Appellee, No. 02-25-00643-CV, 2026 WL 2357615, at *4 (Tex. App. Aug. 13, 2026)
Relators acted with direct operational control over safety with respect to the safeguards, such that Relators took control away from TPC and supplanted TPC's duties to its employees and the public with respect to the safety decisions that caused the explosion.
"Plaintiffs’ third amended petition makes many legal accusations but no factual allegations to show a cause of action with a basis in law against First Reserve for TPC's conduct. The MDL court should have granted First Reserve's motion to dismiss."
In re First Rsrv. Mgmt., L.P., 671 S.W.3d 653, 663 (Tex. 2023)
"Lawyer Defendants conspired or colluded with the Judicial Defendants to violate her constitutional rights."
" But she did not support her conclusory allegations with any specific factual allegations about when or how the parties agreed, conspired, or colluded to violate her constitutional rights. The district court properly found that Lloyd's conclusory allegations were not sufficient to plead collusion or a conspiracy that would render the Lawyer Defendants state actors. See Iqbal, 556 U.S. at 679; Carras v. Hull & Smith Horse Vans, Inc., No. 85-1105, 1986 WL 17709, at *2 (6th Cir. Sept. 12, 1986) (per curiam)."
Lloyd v. Cannon, No. 22-3878, 2023 WL 7182130, at *2 (6th Cir. June 27, 2023)