Case law
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132 F.2d 345 · Court of Appeals for the Fifth Circuit · Dec 15, 1942
Appellants assert that under Art. 16, Sec. 50, of the Texas Constitution, Vernon’s Ann.St., their homestead realty is immune from forced sale to satisfy an income tax lien. This contention is untenable. … Having had full advantage of the waivers, the taxpayers should not now be heard to repudiate them unless they were clearly inoperative.
Cited 55 timesPublished559 F.2d 1326 · Court of Appeals for the Fifth Circuit · Sep 30, 1977
The relief sought in the complaint may be helpful to establish a benchmark by which to compare the settlement terms. See Norman v. … successful completion of the 30 working-day qualifying period in Paragraph No. 6 below.
Cited 2 timesPublishedEmma S. Vaughn v. Robert Edel, Texaco, Inc.
918 F.2d 517 · Court of Appeals for the Fifth Circuit · Dec 6, 1990
Vaughn has, consequently, *522 established that Texaco discriminated against her. … Vaughn established a prima facie case of discrimination by showing that (1) she belongs to a racial minority; (2) she held a job for which she was qualified; (3) she was fired; and (4) after she was fired, others who were
Cited 89 timesPublishedUnited States v. Martin Guillen-Cruz
853 F.3d 768 · Court of Appeals for the Fifth Circuit · Apr 10, 2017
The Government does not argue to the contrary, instead asserting that Guillen-Cruz cannot meet his burden on plain error review because no case establishes that a conviction under 22 U.S.C. § 2778(b) and (c) does not qualify … However, even without any limitation, the Government cannot establish its alternative basis for affirmance.
Cited 28 timesPublished496 F.2d 197 · Court of Appeals for the Fifth Circuit · Jun 27, 1974
The court concluded . that there has not yet been any final agency action, that the Federal Trade Commission has not clearly exceeded the bounds of its jurisdiction, and that the Plaintiffs have an adequate remedy at law … The rule that a plaintiff must exhaust all available administrative remedies before coming to a federal court for relief is old and well-established. In Myers v.
Cited 44 timesPublished811 F.2d 896 · Court of Appeals for the Fifth Circuit · Mar 9, 1987
Of those qualified for each needed position, the most senior employee usually is chosen, even if this means not selecting a more qualified employee with less seniority. … Conclusion 35 Determining that the district court was not clearly erroneous in finding that plaintiffs failed to establish a pattern of discrimination, we affirm the district court's denial of relief to plaintiffs Trevino
Cited 0 timesPublishedWashington Legal Foundation v. Texas Equal Access To Justice Foundation
94 F.3d 996 · Court of Appeals for the Fifth Circuit · Sep 12, 1996
Finally, we AFFIRM the limited immunity that the district court granted to the defendants. 1 S.REP. … Id. at 980 36 Cone, 819 F.2d at 1007 (stating that the decision does not establish "a de minimis standard for Fifth Amendment takings") 37 Mary O.
Cited 0 timesPublished523 F.3d 519 · Court of Appeals for the Fifth Circuit · Apr 1, 2008
Based on our review of the record, the district court clearly considered and rejected these arguments as a basis for a non-Guideline sentence. … Fast-track programs are proper only when “clearly warranted by local conditions within a particular district.” Id.
Cited 437 timesPublished256 F. App'x 674 · Court of Appeals for the Fifth Circuit · Dec 3, 2007
On appeal, Arias attempts to establish that he is entitled to qualified immunity by undermining the factual allegations raised in Southall’s verified complaint. … is entitled to qualified immunity in light of Southall’s factual allegations.
Cited 3 timesUnpublishedSarmiento v. Texas Board of Veterinary Medical Examiners
939 F.2d 1242 · Court of Appeals for the Fifth Circuit · Aug 28, 1991
Facts and Proceedings Below 2 In 1985, Sarmiento moved with his wife to the small town of Comfort, Texas, intending to establish a veterinary practice. … Notably, no federal claims were asserted against Seidensticker. 3 The claims against the other defendants were disposed of before trial by stipulation or dismissed on the grounds of qualified immunity, leaving only the slander
Cited 3 timesPublishedPaul A. Stern v. Tarrant County Hospital District v. George J. Luibel
778 F.2d 1052 · Court of Appeals for the Fifth Circuit · Dec 18, 1985
The majority opinion does not even mention Fed.R.Civ.P. 52(a), which requires that the facts found by a district court are to be accepted on appeal unless clearly erroneous. … Dukes, 33 this deference was extended to a municipal ordinance, adopted in legislative fashion, in which the city’s objective in enacting the ordinance was clearly identified.
Cited 91 timesPublishedDr. William Howard Hay Foundation v. Safety Harbor Sanatorium
145 F.2d 661 · Court of Appeals for the Fifth Circuit · Nov 16, 1944
It is appellant’s burden, therefore, to show us that these are clearly erroneous. … The evidence of the plaintiff fails to establish as a fact that the plaintiff has been damaged by any act of the defendant. Conclusions of Law. 1st.
Cited 2 timesPublishedCommodie Freeman v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
600 F.2d 1057 · Court of Appeals for the Fifth Circuit · Jul 18, 1979
Freeman’s work for Southern Railroad may have involved work in a “coal mine,” he was clearly not a “miner” “employed” “in the Nation’s coal mines” at the time. … We agree with this principle and hold that the district court erred in holding that appellant’s work necessarily fails to qualify.
Cited 12 timesPublishedCharlie Craig v. Bemis Company, Inc.
517 F.2d 677 · Court of Appeals for the Fifth Circuit · Aug 13, 1975
A thorough study of the allegations made and the documents submitted below convinces us that the explicit terms of the collective bargaining agreement between plaintiffs’ former union and the Company clearly foreclose plaintiffs … As an initial matter, we note that pension trust funds established for the benefit of union members are established under the laws of the several states, so that we are bound to follow applicable state law in our consideration
Cited 42 timesPublished64 F.2d 902 · Court of Appeals for the Fifth Circuit · Apr 22, 1933
No passenger train porter is to have any trainman’s rights except where he may have established same by three months’ work continuously in freight service.” … “The rule is well established that where the facts show clearly a certain sum to be due from one person to another, a release of the entire sum upon payment of a part is without consideration, and the creditor may still sue
Cited 32 timesPublished922 F.3d 626 · Court of Appeals for the Fifth Circuit · Apr 26, 2019
B To establish municipal liability in an episodic-act case, a plaintiff must show “(1) that the municipal employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate … In Thompson, the court’s rulings as to two defendants turned on the existence of clearly established law for qualified immunity purposes, while the ruling as to the third turned on the objective reasonableness of her conduct
Cited 136 timesPublishedDong Sik Kwon v. Immigration and Naturalization Service
646 F.2d 909 · Court of Appeals for the Fifth Circuit · May 4, 1981
If all of the available visas are not used by persons entitled to a preference, they are made available to other qualified immigrants “strictly in the chronological order in which they qualify.” 8 U.S.C. § 1153 (a)(8). … In carrying out this function, it enforces the public policy established by Congress.
Cited 57 timesPublished47 F.3d 710 · Court of Appeals for the Fifth Circuit · Mar 3, 1995
"A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole." Id. at *5. … Organizer is defined as a person who travels for the purpose of establishing new organizations. Id. at 1590. A commander commands people, and organizations are composed of people.
Cited 44 timesPublishedPlanned 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.
Cited 0 timesPublishedKing v. Conroe Independent School District
289 F. App'x 1 · Court of Appeals for the Fifth Circuit · May 29, 2007
After dismissing the state law claims and severing the case against Shupp, the district court granted summary judgment to Stockton based on qualified immunity, and later granted summary judgment to CISD. … immunity.”
Cited 10 timesUnpublished
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