Case law

Named Individual Members of the San Antonio Conservation Society v. The Texas Highway Department

496 F.2d 1017 · Court of Appeals for the Fifth Circuit · Aug 29, 1974

The federal-aid highway program was established by Congress and there is no reason apparent why it cannot decide which roads of the nation shall be included in the system. … The state defendants respond that sovereign immunity of the State of Texas by virtue of the Eleventh Amendment to the Constitution has also immunized them from an award of attorneys’ fees. The recent case of Edelman v.

McNeily v. United States

6 F.3d 343 · Court of Appeals for the Fifth Circuit · Nov 10, 1993

However, it alleges that Wescot served as the Income Fund's "independent qualified advisor" in connection with all six March/April purchases. In addition, Thomas C. … In any event, these allegations are vague and too conclusory to break down the sovereign immunity of the United States.

Robinson v. Kimbrough

620 F.2d 468 · Court of Appeals for the Fifth Circuit · Jun 30, 1980

There are no issues on this appeal concerning the defendants’ individual liability or their right to a qualified immunity defense. … Since there are no findings by the trial court on the availability of the affirmative defense of qualified immunity, this Court declines to decide the issue in the first instance without the assistance of the district court

Murrell v. Chandler

277 F. App'x 341 · Court of Appeals for the Fifth Circuit · Apr 30, 2008

Public officials are entitled to qualified immunity from suit under § 1983 unless the plaintiff makes specific allegations that the officials violated clearly established law. Morin v. … This court uses a two-part test to determine if qualified immunity applies.

Vizaline, L.L.C. v. Sarah Tracy, P.E., et a

949 F.3d 927 · Court of Appeals for the Fifth Circuit · Feb 14, 2020

Vizaline does not “establish or purport to establish metes and bounds descriptions of property,” “locate control monuments[,] or measure items that are not defined within the legal description.” … Nor does it “locate, relocate, establish, reestablish, lay out[,] or retrace any property boundary or easement.”

Stanford v. Commissioner

152 F.3d 450 · Court of Appeals for the Fifth Circuit · Sep 3, 1998

“A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Id. … Failing establishing his (Failing’s) (a) expertise in tax law and (b) the reasoning he followed to reach the tax position advanced on the Stanfords' joint return.

Alf Key v. Mrs. Louise P. Wise

629 F.2d 1049 · Court of Appeals for the Fifth Circuit · Nov 5, 1980

Abstention in this case was clearly improper, even leaving to one side the exclusive character of the federal court’s jurisdiction. … Presumably, Brown wanted to establish his right to payment by Felsen in the state court, which he did.

Albert Autry v. Fort Bend Independent Sch Dist

704 F.3d 344 · Court of Appeals for the Fifth Circuit · Jan 7, 2013

Under that framework, a plaintiff challenging a failure to promote must first establish a prima facie case, demonstrating that (1) he was not promoted, (2) he was qualified for the position he sought, (3) he fell within a … In the Title VII failure-to-promote context, we have found pretext on a showing that the unsuccessful employee was “clearly better qualified” than the successful candidate.6 Here, though Autry’s qualifications

State of Mississippi v. AU Optronics Corporation

701 F.3d 796 · Court of Appeals for the Fifth Circuit · Nov 21, 2012

This conclusion brings us to the more difficult question: whether this suit qualifies-as a “mass action” under the CAFA. … This argument fails to account for the precise nature of the injury in this case and thus also fails to establish the State as the sole party in interest.

22 Fair empl.prac.cas. 846, 22 Empl. Prac. Dec. P 30,822 United States of America v. The City of Miami, Florida, Fraternal Order of Police, City of Miami Lodge No. 20, Kenneth R. Harrison, President, and the Miami Police Benevolent Association

614 F.2d 1322 · Court of Appeals for the Fifth Circuit · Apr 10, 1980

, or to hire, transfer or promote a less qualified person, in preference to a better qualified person, consistent with the provisions of this decree." … Should the physicians agree that the applicant is qualified according to regularly established physical standards, such evidence of fitness shall entitle the applicant to be considered for employment, in the absence of any

White Hat v. Murrill

141 F.4th 590 · Court of Appeals for the Fifth Circuit · Jun 20, 2025

The Attorney General & Sovereign Immunity During this case’s duration in the Middle District of Louisiana, the district court dismissed all claims against the Attorney General on sovereign immunity grounds. … But they do not dispute that the district court’s limiting construction of the statute establishes a triad of factors that clarify subsection (A)(3)’s application.

National Post Office Mail Handlers, Watchmen, Messengers & Group Leaders Division of Laborers' International Union of North America v. United States Postal Service

647 F.2d 605 · Court of Appeals for the Fifth Circuit · Jun 12, 1981

A reading of the Arbitrator’s language demonstrated clearly that he made no judgment whether Saulsbury would actually qualify under Article XIII if given the chance. … They clearly lie within the unique competence of the arbitrator, involving interpretation of Article XIII of the union contract and the arbitrator’s 1978 award.

NAACP v. Allen

493 F.2d 614 · Court of Appeals for the Fifth Circuit · Apr 19, 1974

Defendants argue that the best hope for eliminating discrimination in public employment is through the established competitive merit system. … contemplated, moreover, that the affirmative hiring procedure required could compel the defendants to employ a less qualified white ahead of a more qualified black applicant if the last person hired by the patrol was black

Albert Johnson v. State of Mississippi

488 F.2d 284 · Court of Appeals for the Fifth Circuit · Mar 15, 1974

Second, no federal law confers immunity from state prosecution on such charges. Id. at 826-827 , 86 S.Ct. at 1812. … or within the premises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such establishments ; or sp sjs ip s}: s{« (4) any person because he is or

Orellana v. Kyle

65 F.3d 29 · Court of Appeals for the Fifth Circuit · Aug 14, 1995

Allen, 482 U.S. 369, 107 S.Ct. 2415 (1987), it is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will henceforth qualify for constitutional … "Neither absolute nor qualified immunity extends to suits for injunctive or declaratory relief under § 1983." Chrissy F. by Medley v. Miss. Dep't of Pub. Welfare, 925 F.2d 844, 849 (5th Cir. 1991).

Alex Ramey v. Charles A. Koons, Individually and as a Partner in a Co-Partnership D/B/A Charles A. Koons & Company, and Ramie Fiber Products, Inc.

230 F.2d 802 · Court of Appeals for the Fifth Circuit · Feb 29, 1956

If that were established, the remedy would be to rescind the transaction, not to strike the provision for interest. … The policy of our law to-day sanctions incorporation with the consequent immunity from individual liability.

United States v. Hoxsey Cancer Clinic

198 F.2d 273 · Court of Appeals for the Fifth Circuit · Sep 10, 1952

Upon the trial the Government, after establishing the interstate shipments of drugs and booklets, and testimony as to the for-mulae and analyses of the drugs in question, introduced the testimony of highly qualified and experienced … If such testimony be accepted as credible, it clearly establishes the Government’s contention that the Hoxsey drugs in question are not efficacious in the treatment, mitigation and cure of cancer in man, contrary to the general

Childress v. Johnson

103 F.3d 1221 · Court of Appeals for the Fifth Circuit · Jan 10, 1997

In these circumstances, we find it most useful to inquire whether the state courts’ resolution of appellant’s Sixth Amendment claim was “contrary to” federal law as clearly established by decisions of the Supreme Court … Our precedents clearly establish that if the advice of counsel falls below the minimum required by the Sixth Amendment, the guilty plea cannot be deemed knowing and voluntary because it does not represent an informed waiver

Nehme v. Immigration & Naturalization Service

252 F.3d 415 · Court of Appeals for the Fifth Circuit · Jun 5, 2001

Second, Nehme complains that § 1432(a)(3) offends the Privileges and Immunities Clause of Article IV of the Constitution. … , he could not qualify for derivative naturalization unless his parents obtained a divorce.

United States v. Cooks

589 F.3d 173 · Court of Appeals for the Fifth Circuit · Nov 24, 2009

While Overby should not have been qualified as an expert, our inquiry does not end there. … Accordingly, we find that the extrinsic evidence was sufficiently established and relevant to the issue of Cooks’s intent, knowledge, motive, and plan.