Case law

C. W. SMITH, Plaintiff-Appellant, v. FARAH MANUFACTURING COMPANY, INC., Defendant-Appellee

650 F.2d 64 · Court of Appeals for the Fifth Circuit · Jul 6, 1981

The ordinarily applied clearly erroneous standard 2 does not apply to such determinations of ultimate fact. … Smith himself conceded that he was not qualified to supervise either the machine shop or the building maintenance de *69 partment.

Copsey v. Swearingen

Court of Appeals for the Fifth Circuit · Sep 23, 1994

Therefore, we agree with the district court that the defendants were entitled to qualified immunity. … We also conclude that the district court erred in awarding qualified immunity to Swearingen.

Khaled Asadi v. G.E. Energy (USA), L.L.C.

720 F.3d 620 · Court of Appeals for the Fifth Circuit · Jul 17, 2013

Instead, the text of § 78u-6 clearly and unambiguously provides a single definition of “whistleblower.” … The statute, therefore, clearly expresses Congress’s intention to require individuals to report information to the SEC to qualify as a whistleblower under Dodd-Frank.

Barbara JINKS, for Herself and for All Others Similarly Situated, Plaintiff-Appellant, v. Dr. Benjamin E. MAYS Et Al., Defendants-Appellees

464 F.2d 1223 · Court of Appeals for the Fifth Circuit · Jul 31, 1972

But, if the services of the non-tenured teacher have been satisfactory she can re-apply for employment and be accepted for openings in the system for which she is qualified. … The remedy of reinstatement, being equitable in nature and origin, is not immune from the equitable maxims generally applicable to equitable actions. One such maxim is that “equity aids the vigilant.” 30 C.J.S.

Pennzoil Company v. Federal Energy Regulatory Commission

671 F.2d 119 · Court of Appeals for the Fifth Circuit · Mar 22, 1982

The requirement does not act to deny collection of a price for which the gas qualifies under controlling definitional criteria; rather, the history of its development shows clearly that it is itself a part of the definition … Much energy has been expended in attempts clearly to articulate this elusive standard of review.

Dorothy Burns, Individually and as the Heir at Law of Leonard Michael Morea, Deceased v. The City of Galveston, Texas

905 F.2d 100 · Court of Appeals for the Fifth Circuit · Jul 11, 1990

Burns seeks to establish such in the case at bar by two related but conceptually distinct claims. … Asman, 875 F.2d 1239 (6th Cir.1989), cert. denied, — U.S.-, 110 S.Ct. 1473 , 108 L.Ed.2d 610 (1990) (officers entitled to qualified immunity inasmuch as the right to adequate medical care did not create a constitutional duty

St. Romain v. Industrial Fabrication & Repair Service, Inc.

203 F.3d 376 · Court of Appeals for the Fifth Circuit · Feb 24, 2000

Romain did not qualify as a Jones Act seaman because he did not establish that he worked aboard an identifiable fleet of vessels. The district court also granted Superior’s motion to strike St. … This we decline to do and, rather, resort to developed workable standards for determining who qualifies as a seaman under the Jones Act. In doing so we must decline to depart from these established principles.

Donald Billizon, and Danos & Curole Marine Contractors, Inc. And the Gray Insurance Company, Intervenors-Appellants v. Conoco, Inc.

993 F.2d 104 · Court of Appeals for the Fifth Circuit · Jun 15, 1993

The district court entered summary judgment in favor of Conoco on the ground that Billizon was Conoco’s “borrowed employee” — granting Conoco tort immunity under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C … Even if we assume that factor 3 weighs in favor of Billizon’s position, the summary judgment record establishes that Billizon was Conoco’s borrowed employee.

Brandon LaVergne v. N. Burl Cain

Court of Appeals for the Fifth Circuit · Oct 14, 2019

Qualified immunity protects government officials against individual liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … wrongful conduct violated clearly established law.”

United States v. Roy Lee Pierce, James Evans

893 F.2d 669 · Court of Appeals for the Fifth Circuit · Feb 14, 1990

The court’s finding that Pierce was a manager or supervisor is not clearly erroneous. … However, the pre-sen-tence report relies on this incident to establish that Pierce obstructed justice, and Mrs.

Roger Hawes v. William Stephens

964 F.3d 412 · Court of Appeals for the Fifth Circuit · Jul 9, 2020

Hawes argues that if the TDCJ does not qualify as a “financial institution,” none of the provisions of Section 212 should apply. We agree. … Hawes’s claims involving conspiracy and theft or the defendants’ argument that they are entitled to qualified immunity. 6  Case: 19-40341 Document: 00515482721 Page:

Estrada v. Ahrens

296 F.2d 690 · Court of Appeals for the Fifth Circuit · Nov 30, 1961

If the judgment of dismissal is based on a finding that Estrada withdrew his application, it is clearly erroneous. No evidence in the record supports this finding. B. … Here, the act of the plaintiffs in bringing suit automatically establishes consent to jurisdiction. Adam v.

Intl Truck & Engine v. Bray

380 F.3d 231 · Court of Appeals for the Fifth Circuit · Jun 21, 2004

In a cursory reference at the beginning of his brief, the Director also claims sovereign immunity from International’s suit. The Director waived sovereign immunity. … Hence, we cannot deduce that only a Texas manufacturer qualifies for the exception.

St. Joe Paper Co. v. United States

155 F.2d 93 · Court of Appeals for the Fifth Circuit · Apr 18, 1946

On May 8, 1941, the Secretary of War under authority of congressional acts, 1 by filing a declaration of taking, condemned to public use 28,517.65 acres of land in Bay County, Florida, for the establishment of an Air Corps … Joe Paper Company, but on the contrary it was shown by the admissions and testimony of such witness that he was not a qualified witness. “3.

Janas v. Doss

102 F.3d 550 · Court of Appeals for the Fifth Circuit · Nov 1, 1996

Doss alleges the district court wrongfully denied his motion for summary judgment on the § 1983 claim for unlawful arrest because he is entitled to qualified immunity. … Qualified immunity attaches to the acts of public officials unless they violate clearly established rights of which a reasonable official would have known. Hale v. Townley, 45 F.3d 914, 917 (5th Cir. 1995).

State Of Alabama v. Lynn Seeber

502 F.2d 1238 · Court of Appeals for the Fifth Circuit · Oct 14, 1974

political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution . . .. 14 The 'or' in 116 is clearly … Sovereign Immunity 19 Distinct from the Supremacy Clause issue, the Army defendants argue that as against them this action is barred by the sovereign immunity of the United States from suit.

Garcia v. Lee

Court of Appeals for the Fifth Circuit · May 25, 2023

Garcia challenges the summary judgment awarded defendants, based on qualified immunity. … To overcome qualified immunity, Garcia must show: defendants “violated [, inter alia,] his constitutional rights”; and the rights were “clearly established at the time of the alleged misconduct”. Cleveland v.

United States v. Glen Clay

921 F.3d 550 · Court of Appeals for the Fifth Circuit · Apr 18, 2019

JONES, Circuit Judge: The district court denied Petitioner’s successive § 2255 habeas petition because he failed to establish that the sentencing court relied on the residual clause to impose his ACCA-enhanced sentence … 04/18/2019 No. 17-60538 STANDARD OF REVIEW “In challenges to district court decisions under 28 U.S.C. § 2255, we measure findings of fact against the clearly

Walker v. City of Mesquite, TX

313 F.3d 246 · Court of Appeals for the Fifth Circuit · Nov 21, 2002

Finally, the district court found that the Homeowners’ fee request should be denied because they failed to substantiate their request under well-established principles. … Upon remand, the district court again granted summary judgment for the defendants because they were found to have qualified immunity.

Pat S. Holloway v. Judge Dee Brown Walker

784 F.2d 1287 · Court of Appeals for the Fifth Circuit · Mar 19, 1986

Established State Procedure Relying on Logan v. … Furthermore, plaintiffs’ argument is clearly foreclosed by Collins v.