Case law

Planned Parenthood of Grt TX v. Courtney Ph

Court of Appeals for the Fifth Circuit · Nov 24, 2020

The most natural reading of § 1396a(a)(23) is that it is up to the provider to establish that it is both “qualified” and willing to provide the services. … In truth, O’Bannon clearly affirms Medicaid recipients’ right to choose their qualified, willing providers free from unlawful government interference.

Ramirez v. City of Robstown

68 F.3d 467 · Court of Appeals for the Fifth Circuit · Aug 30, 1995

immunity on the excessive use of force claim. … Holbrook, 2 F.3d 697 (6th Cir. 1993). 13 An official is entitled to qualified immunity unless he has violated a clearly established constitutional right, and his behavior, judged by the law at the time of the

Rutherford v. Harris County Texas

197 F.3d 173 · Court of Appeals for the Fifth Circuit · Dec 20, 1999

See Baltazor, 162 F.3d at 373. 9 Although it did not advance this precise contention in its brief, Harris County asserted at oral argument that Rutherford was contending that she was clearly better qualified than … Harris County has failed to establish that any one or more of these findings, even if clearly erroneous, provide a basis for reversal.

United States v. Miranda

248 F.3d 434 · Court of Appeals for the Fifth Circuit · Apr 17, 2001

The district court clearly instructed the jurors to give separate consideration to the evidence as to each defendant. … Rigoberto Rodriguez objected succinctly to the PSR on the basis that the drug quantity used to establish his base level offense was not correct.

Ace American Insurance v. Freeport Welding & Fabricating, Inc.

699 F.3d 832 · Court of Appeals for the Fifth Circuit · Oct 19, 2012

If the moving party meets this burden, the non-moving party must then come forward and establish the specific material facts in dispute. Matshushita Elec. Indus. Co., Ltd. v. … It clearly defines its term of coverage as commencing on January 1, 2009 and remaining effective “to evergreen.”

34 Fair empl.prac.cas. 1114, 34 Empl. Prac. Dec. P 34,335 Dorothy Walls, Cross-Appellees-Appellants v. Mississippi State Department of Public Welfare, Cross-Appellants v. United States of America, Cross-Appellee

730 F.2d 306 · Court of Appeals for the Fifth Circuit · May 18, 1984

Austin State University, 706 F.2d 608, 623 (5th Cir.1983), on appellate review the standard we apply is whether the district court clearly erred in finding whether the plaintiff class established a prima facie factual case … We are unable to hold clearly erroneous the district court's methodology in its determination 14 29 C.F.R.

Voluntary Purchasing Groups, Inc. v. William K. Reilly, Administrator, United States Environmental Protection Agency

889 F.2d 1380 · Court of Appeals for the Fifth Circuit · Nov 27, 1989

Neither of these provisions, however, suffices to establish jurisdiction in the instant case. As sovereign, the United States may only be sued with its consent. … If the letter is read in this manner, then section 113(h) clearly prohibits the district court from exercising subject matter jurisdiction as section 113(h) delineates limited opportunities for judicial review of challenges

James L. Hurley, Jr., Etc. v. Lederle Laboratories Division of American Cyanamid Co., Defendants

863 F.2d 1173 · Court of Appeals for the Fifth Circuit · Jan 5, 1989

Kerr-McGee Corp., 464 U.S. 238 , 104 S.Ct. 615 , 78 L.Ed.2d 443 (1984), the Supreme Court found that the highly regulated scheme established by the Atomic Energy Act of 1954 did not implicitly preempt state tort law liability … The NCVI Act clearly states that state law remedies apply to the manufacture and sale of vaccines and it even makes recovery easier for injured consumers.

Martinez v. Donna Indep Sch Dist

305 F. App'x 182 · Court of Appeals for the Fifth Circuit · Dec 12, 2008

PER CURIAM:* This appeal reaches us after the district court refused to grant qualified immunity to the defendants-appellants for their alleged actions taken in violation of the plaintiff-appellee’s constitutional … No. 08-40062 was clearly established that Martinez was entitled to procedural protections under Texas law for either his superintendent contract or, if that contract was void, his administrator contract; in light of this

McDougall v. Saudi Arabian

Court of Appeals for the Fifth Circuit · Apr 2, 2026

“There is a distinction between those agencies or instrumentalities that qualify because they are ‘organs’ of a foreign state and those that qualify because they are ‘majority owned’ by one.” Id. at 258–59. … ASC could still qualify as an agency or instrumentality if it is an “organ” of Saudi Arabia.

In the Matter Of: Elizabeth Ann Evert, Debtor. Marsha G. Milligan, Trustee C. Daniel Roberts & Associates P.C. v. Elizabeth Ann Evert

342 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 6, 2003

First, qualifying language that exists in 11 U.S.C. § 523 (a)(5) is not found in 11 U.S.C. § 522 (d)(10)(D). … establish the nature of the obligation and where there are distinct provisions for nontrivial alimony and for the property settlement.

Stokes v. Matranga

Court of Appeals for the Fifth Circuit · Apr 19, 2022

To overcome Sergeant Matranga’s qualified immunity defense, Betancourt must show that Sergeant Matranga’s conduct (1) violated a constitutional right and (2) that “the right at issue was ‘clearly established’ at … Here, we conclude that Sergeant Matranga is entitled to qualified immunity because his actions did not violate “clearly established” law.

United States v. Santos Herrera-Alvarez

753 F.3d 132 · Court of Appeals for the Fifth Circuit · May 22, 2014

“[T]he government bears the burden of establishing a factual predicate justifying [a sentencing] adjustment, here that [the] offense constitutes a crime of violence.” United States v. … Therefore, the district court could not consider the criminal information to establish that Bonilla’s offense qualified as a crime of violence.”)

Poullard v. Edmond

68 F.3d 465 · Court of Appeals for the Fifth Circuit · Aug 25, 1995

The procedure followed by the district court was in accordance with this court's decisions relative to the qualified- immunity defense, in the context of a jury trial. … First there must be a determination whether the plaintiff proved "the violation of a clearly established constitutional right." See id. at 105 (quoting Siegert v. Gilley, 500 U.S. 226, 231 (1991)).

Continental Casualty Company v. River Ridge Insurance, Inc.

973 F.2d 437 · Court of Appeals for the Fifth Circuit · Sep 30, 1992

For businesses that did not qualify for the BAP policy, CNA offered several other types of commercial property policies which were not subject to the restrictions applicable to the BAP policy. … Examination of Chiasson reveals no departure from the proposition established by Mathews.

United States v. Raul Ferdin Martinez

954 F.2d 1050 · Court of Appeals for the Fifth Circuit · Feb 20, 1992

Texas law, under which Martinez was convicted, clearly does not require proof of the use or threat of physical force in order to convict a defendant of attempted burglary. … Rather, the Government argues that Martinez’ prior convictions for attempted burglary can be counted as violent felonies under either of the two standards established in part (ii) of § 924(e)(2)(B).

John McGann v. H & H Music Company

946 F.2d 401 · Court of Appeals for the Fifth Circuit · Nov 4, 1991

American) (collectively defendants) claiming that they discriminated against McGann, an employee of H & H Music, by reducing benefits available to H & H Music’s group medical plan beneficiaries for treatment for acquired immune … To interpret “discrimination” broadly to include defendants’ conduct would clearly conflict with Congress’s intent that employers remain free to create, modify and terminate the terms and conditions of employee benefits plans

Aldrup v. Caldera

274 F.3d 282 · Court of Appeals for the Fifth Circuit · Dec 11, 2001

As to the disability claim, the ADA prohibits discrimination by private employers against any qualified individual with a disability.15 To establish discrimination based on disability, he had to demonstrate that: … (1) he was disabled; (2) he was none-the-less qualified to do the job; (3) an adverse employment action was taken against him; and (4) that he was replaced by or treated less favorably than non-disabled employees.16 An

Williams v. United States

71 F.3d 502 · Court of Appeals for the Fifth Circuit · Dec 13, 1995

On March 16, 1990, the district court denied Brooks's motion to dismiss based on official immunity. … House of Representatives is clearly an employee or officer of the legislative branch of the federal government.

Horn v. Quarterman

508 F.3d 306 · Court of Appeals for the Fifth Circuit · Nov 15, 2007

established Federal law, as determined by the Supreme Court’ or ‘involved an unreasonable application of[] clearly established Federal law, as determined by the Supreme Court’.” … established federal law.