Case law
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Connecticut Bank v. Republic of Congo
Court of Appeals for the Fifth Circuit · Apr 22, 2003
immunity. … Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs.”); John S.
Cited 0 timesPublished86 F.4th 602 · Court of Appeals for the Fifth Circuit · Nov 13, 2023
failed to establish a business component. … Burden on Summary Judgment The District Court granted summary judgment after finding Appellants did not “offer competent evidence or argument establishing that Cajun performed qualified research,” namely
Cited 2 timesPublishedJustin Scott v. City of Austin
Court of Appeals for the Fifth Circuit · Apr 24, 2020
On that claim, White’s motion for summary judgment based on qualified immunity was denied. … Rogers, 853 F.3d 738, 747 (5th Cir. 2017) (describing clearly established law as of February 2013 and stating that excessive force is established where an officer “abruptly resorts to overwhelming physical force rather than
Cited 0 timesUnpublishedLindsey, Stephenson & Lindsey v. Federal Deposit Insurance Corp.
995 F.2d 626 · Court of Appeals for the Fifth Circuit · Jul 15, 1993
Nonrecourse notes clearly fall within this definition. At the very least, a creditor's right to act against collateral is a "right to an equitable remedy" for a debtor's breach of obligation. … Because FDIC undeniably has a "claim" against Lindsey, as established above, the FDIC note constitutes part of Lindsey's "debt."
Cited 1 timesPublishedUnited States v. Z. T. Kennedy
548 F.2d 608 · Court of Appeals for the Fifth Circuit · Mar 14, 1977
Accordingly, had appellant properly preserved his objection to the practice, he would clearly have been entitled to relief. III. … That the practice violated the Act does not, however, establish a constitutional dereliction.
Overruled on other grounds by United States v. Jose Guadalupe Singleterry and Juan Antonio Singleterry, United States of America v. Juan Antonio Singleterry, 683 F.2d 122 (1982)Cited 96 timesPublished614 F.2d 1300 · Court of Appeals for the Fifth Circuit · Apr 8, 1980
Establishing qualifications is an employer’s prerogative, Rowe v. … The trial court’s factual finding in this regard certainly is not clearly erroneous.
Cited 214 timesPublishedBernard Tillman, Jr. v. Travelers Indemnity Company
506 F.2d 917 · Court of Appeals for the Fifth Circuit · Jan 15, 1975
It should be noted that the Stacy court, since it found no evidence to establish a cause of action, did not need to decide whether the insurance company was immune from suit for plenary damages because of the exclusive liability … The case sub judice is clearly distinguishable from Stacy as to the first basis for the decision.
Cited 30 timesPublished770 F.2d 520 · Court of Appeals for the Fifth Circuit · Sep 13, 1985
Because the district court's findings of fact are not clearly erroneous, we affirm its judgment. I. … We do not find the district court's rejection of this statistical study clearly erroneous
Cited 2 timesPublishedUnited States v. Nathaniel Bowens
907 F.3d 347 · Court of Appeals for the Fifth Circuit · Oct 24, 2018
The government presented evidence that was more than sufficient to establish, beyond a reasonable doubt, each of the elements comprising count four. … Section 1951(b)(1) clearly ‘has as an element the use, attempted use, or threatened use of physical force against the person or property of another’ as necessary to constitute a [COV] under § 924(c)(3)(A).”), cert. denied
Cited 25 timesPublished670 F. App'x 291 · Court of Appeals for the Fifth Circuit · Nov 4, 2016
The district court granted summary judgment in favor of Hudson based on her qualified immunity. … Oakley has the burden of rebutting Hudson’s qualified immunity defense. See Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).
Cited 2 timesUnpublished706 F.2d 574 · Court of Appeals for the Fifth Circuit · Jun 6, 1983
qualified trusts. 26 U.S.C. … Sec. 1144 (a), it clearly was not intended to affect the operation of other federal law.
Overruled on other grounds by Patterson v. Shumate, 504 U.S. 753 (1992)Cited 132 timesPublished139 F.2d 908 · Court of Appeals for the Fifth Circuit · Dec 20, 1943
Certain it is that taxation is the rule and immunity the exception, and that immunity must be positively and clearly shown. … I do not think, for the reasons stated in the opinion, that an immunity is positively and clearly shown on Jan. 1, 1937, by the confused and uncertain evidence offered.
Cited 20 timesPublishedCharles R. Ballas, Etc. v. Leroy E. Symm, Etc.
494 F.2d 1167 · Court of Appeals for the Fifth Circuit · May 24, 1974
The state statutes clearly provide a method of challenging in state courts a registrar’s decision of nonresidency. … Third, the evidence unequivocally established that Symm knows approximately 60% of the qualified electors in Waller County, and thus knows of their residency through personal knowledge.
Cited 15 timesPublished108 F.4th 340 · Court of Appeals for the Fifth Circuit · Jul 16, 2024
The district court concluded that United met its burden to establish jurisdiction. We agree. … Co., 875 F.3d 584 _____________________ 3 United raised a third federal defense—immunity under the Medicare Act—in its notice of removal.
Cited 13 timesPublishedLuke Fontana v. Mack E. Barham
707 F.2d 221 · Court of Appeals for the Fifth Circuit · Jun 17, 1983
Fontana urged that this action by the City violated his “clearly established constitutional rights of due process, property, employment, free speech, as well as right to petition the government without intimidation or punishment … Fontana asserts as his protected interests the “clearly established constitutional rights of due process, property, employment, free speech, [and] right to petition the government without intimidation or punishment.”
Cited 20 timesPublishedB.T. JONES, Plaintiff-Appellant, v. FLAGSHIP INTERNATIONAL D/B/A Sky Chefs, Defendant-Appellee
793 F.2d 714 · Court of Appeals for the Fifth Circuit · Jul 9, 1986
It is well established that such a finding is final unless clearly erroneous. F.R.Civ.P. 52(a). … Where the plaintiff claims discrimination in promotion on the basis that jobs for which she was qualified were never posted or otherwise opened for formal applications, she must establish that the company had some reason
Cited 335 timesPublishedCourt of Appeals for the Fifth Circuit · Oct 21, 2024
For lawsuits brought against public officials under § 1983, the Supreme Court has established the doctrine of qualified immunity. … Qualified immunity has two prongs that a plaintiff must overcome to defeat summary judgment.
Cited 0 timesUnpublishedJones v. Robinson Property Group, L.P.
427 F.3d 987 · Court of Appeals for the Fifth Circuit · Oct 11, 2005
Lambert responded to Jones’ complaint by stating that there were no qualified African-American poker dealers in Tunica County. … Mims’ and Thomas’ testimony clearly and explicitly indicates that decision maker(s) in the poker room used race as a factor in employment decisions, which is by definition direct evidence of discrimination. See Id.
Abrogated in part, on other grounds by Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006)Cited 510 timesPublishedTex. Educ. Agency v. U.S. Dep't of Educ.
908 F.3d 127 · Court of Appeals for the Fifth Circuit · Nov 7, 2018
Yet the weighted-student model violates that canon, *134 rendering superfluous the carefully-wrought waiver process established by Congress. … The Court then "ask[s] whether such a state official would clearly understand" the IDEA's requirements. Id.
Cited 12 timesPublished923 F.2d 380 · Court of Appeals for the Fifth Circuit · Feb 11, 1991
at least some facts that would establish the exceptions. … Maritime Internat'l Nominees Establishment, 693 F.2d at 1108 & n. 20. In Hanson v.
Cited 0 timesPublished
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