Case law

Scott v. Moore

640 F.2d 708 · Court of Appeals for the Fifth Circuit · Mar 26, 1981

First, the evidence is sufficient to establish a conspiracy among some of the Council’s constituent unions and individual defendants. … McLeilan establishes that section 1985(3) was not intended to redress every conceivable private interference with another’s rights.

In Re: Fema Trailer

Court of Appeals for the Fifth Circuit · Jan 23, 2012

Plaintiffs bear the burden of establishing subject-matter jurisdiction. Castro v. United States, 560 F.3d 381, 386 (5th Cir. 2009), vacated on other grounds, 608 F.3d 266 (5th Cir. 2010). … intended to immunize the federal government under the state emergency statutes.

William E. BING, for Himself and All Other Persons Similarly Situated, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Et Al., Defendants-Appellees

485 F.2d 441 · Court of Appeals for the Fifth Circuit · Oct 15, 1973

Having established Roadway’s liability, we remanded the case to the district court. … Such conduct clearly constitutes acting “on grounds generally applicable to the class.”

United States v. Harry Lloyd Davis

546 F.2d 583 · Court of Appeals for the Fifth Circuit · Jan 26, 1977

wheel, consisting of those *587 persons who qualified, was then constructed. 7 Prior to the implementation of the computerized selection system herein in dispute, a marshal would draw slips bearing the names of qualified … Although the Court reversed the convictions in Doyle , the opinion clearly suggested that the result might have been different had the state claimed that the impeachment use of silence, in the circumstances of that case,

26 Fair empl.prac.cas. 1251, 25 Empl. Prac. Dec. P 31,520 Anthony T. Lee, United States of America, Plaintiff-Intervenor v. Conecuh County Board of Education, Samuel T. Gantt, Plaintiff-Intervenor-Appellant

634 F.2d 959 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

The court found that Gantt established each of these factors. … The finding of the lower court that the position at Repton High remains open is clearly erroneous.

Empower Texans, Incorporated v. Charlie Ger

Court of Appeals for the Fifth Circuit · Oct 13, 2020

The individuals and their employer sued, and the district court granted the Chairman’s motion to dismiss based on legislative immunity. … Geren filed a motion to dismiss based on legislative immunity.

Mark Wells v. Nathaniel Quarterman

460 F. App'x 303 · Court of Appeals for the Fifth Circuit · Feb 7, 2012

Because we hold that the district court did not err in finding that Wells fails to establish a constitutional violation on the merits, we need not determine whether qualified immunity was waived, given that establishing a … Georgia, the Supreme Court established a three-part test for determining whether immunity is validly abrogated in a given case. Id.

United States v. Bringier

Court of Appeals for the Fifth Circuit · Jul 18, 2005

Newell, 315 F.3d 510 (5th Cir. 2002), is clearly distinguishable from the present case. … First, Special Agent Roger White also testified to the terms of the immunity agreement. Second, the letter memorializing the immunity agreement was also introduced as evidence.

Weichsel Farm, L.P. v. JP Morgan Chase Bank, N.A.

Court of Appeals for the Fifth Circuit · Jan 10, 2014

Hence, under the plain language of the Agreement, the Leases qualified as Other Real Estate assigned outright to Chase. … The answer to this question is clearly yes.

Beavers v. Brown

95 F. App'x 529 · Court of Appeals for the Fifth Circuit · Jan 28, 2004

The district court did not clearly err in finding that the sexual relationship between Beavers, an inmate, and Deputy Corral was consensual. Cf. Theriot v. … P. 7 reply to the defendants’ qualified immunity defense because the court dismissed Sheriff Brown and the County on grounds other than qualified immunity. See Schultea v.

Beatrice Houston v. Pat W. Haley

859 F.2d 341 · Court of Appeals for the Fifth Circuit · Nov 1, 1988

Yet it is important to note that Congress qualified this factor of “electoral success.” … In 1981, no black individual qualified for the municipal election under the same “4 and 1” scheme.

United States v. Mayton

335 F.2d 153 · Court of Appeals for the Fifth Circuit · Jul 23, 1964

Print your name and address clearly. 3. Sign your name on the line marked “X.” 4. Write the date at the bottom. … I believe I am qualified to vote.

George E. Blanchard v. Gulf Oil Corporation, a Pennsylvania Corporation

696 F.2d 395 · Court of Appeals for the Fifth Circuit · Jan 27, 1983

A statutory employer is immune from tort liability for its “employee’s” on-the-job injury because the injured employee’s exclusive remedy is under the Louisiana Workmen’s Compensation Act. … Having no other alternative, this Court established the test for divining whether a statutory employment relationship exists, and remanded the case so that the district court could make its determination by applying the test

Steel Coils, Inc. v. M/V Lake Marion

331 F.3d 422 · Court of Appeals for the Fifth Circuit · May 14, 2003

Krawill Machinery Corp.,61 the Supreme Court clarified that agents of a carrier do not qualify for the $500-per-package limitation. … It imposes particularized duties and obligations upon, and grants stated immunities to, the “carrier.”

Allen v. Pierce

689 F.2d 593 · Court of Appeals for the Fifth Circuit · Oct 21, 1982

Absent "a clearly expressed legislative intention to the contrary, the plain language of the statute controls its construction." Id. … The contract between HUD and the project owner establishes a maximum rent for each assisted unit.

Sam W. Carlisle v. M/s Sistina, Her Engines, Tackle, Gear, Etc.

407 F.2d 824 · Court of Appeals for the Fifth Circuit · Feb 19, 1969

Testimony from a qualified marine surveyor established no likelihood of slack in the ladder because its weight when suspended from the ship would have caused the ladder to “pay out” immediately and thus remove any slack. … This Court is bound by the findings of the District Court and may not disturb them unless they are clearly erroneous. Fed.R.Civ.P. 52(a); McAllister v.

Agbai Udeochu Opie v. Immigration and Naturalization Service

66 F.3d 737 · Court of Appeals for the Fifth Circuit · Oct 2, 1995

Accordingly, the BIA’s denial of Opie’s § 1255 request for adjustment of status is not clearly erroneous and does not constitute an abuse of discretion. … Upon a complete and de novo review of the record, we find that the BIA’ denial of relief for voluntary departure under § 1254(e) is neither clearly erroneous, nor an abuse of discretion.

The Dow Chemical Company, Plaintiff-Appellant-Cross v. Dixie Carriers, Inc., Defendant-Appellee-Cross

463 F.2d 120 · Court of Appeals for the Fifth Circuit · Jul 5, 1972

Dixie’s primary argument is that the terms of the time charter generously provide it with absolute immunity against all liability for collision damage, including that resulting from its own negligence. 1 But that sort of … This is merely one more instance for the application of F.R.Civ.P. 52(a) in its seagoing form — the findings are not clearly erroneous and must be affirmed. Lanasse v.

Wyatt v. Aderholt

503 F.2d 1305 · Court of Appeals for the Fifth Circuit · Nov 8, 1974

The court scheduled a formal hearing to take evidence necessary to establish standards, and said that after the hearing it, the court, would itself 'establish standards and in due course order their implementation'. 12 The … Clearly the Governor is without authority to agree to the expenditure of funds required to implement such a broad spectrum of standards when such a decision under Alabama law is reserved to the legislature.

Robinson v. Kimbrough

652 F.2d 458 · Court of Appeals for the Fifth Circuit · Aug 3, 1981

There are no issues on this appeal concerning 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