Case law

United States v. Bustillos-Pena

612 F.3d 863 · Court of Appeals for the Fifth Circuit · Jul 26, 2010

“It is well established that our interpretation of the Sentencing Guidelines is subject to the ordinary rules of statutory construction .... … Bustillos’s sentence clearly qualifies as a "sentence of imprisonment.”

Commercial Trading Co. v. Lansburgh

577 F.2d 901 · Court of Appeals for the Fifth Circuit · Aug 1, 1978

“Without the fullest protection of these rights, all other rights, privileges and immunities secured to the people by the Constitution become meaningless.” … Also, most pertinent hereto is the principle of law established by the Supreme Court in the leading case of Conley v.

Hines v. Lowndes County, MS

Court of Appeals for the Fifth Circuit · Aug 10, 2023

Once an official raises qualified immunity, “‘the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s . . . conduct violated clearly established … “To overcome qualified immunity, the law must be so clearly established that every reasonable officer . . . would have known he could not use deadly force.” Id.

Marie Pierre v. United States

525 F.2d 933 · Court of Appeals for the Fifth Circuit · Jan 23, 1976

the percentage of the total number of annual visas to be allotted to qualified immigrants seeking entry to perform skilled and unskilled labor. … The distinction between the traditional finite principles involved in those instances and the novel open-ended principle sought to be established in this case is clearly evident.

Diamond Offshore Co. v. A&B Builders, Inc.

302 F.3d 531 · Court of Appeals for the Fifth Circuit · Aug 30, 2002

On August 3, 2000, a panel of this Court remanded the case to establish “whether McMillon directly qualified for coverage under Section 3 Paragraph 23 of the Master Service Contract provides for recovery of attorneys … Demette clearly articulated the rule regarding what qualifies as an OCSLA situs. We conclude that the Demette situs test is binding and that it does not conflict with our prior decision in Mills.

United States v. Parish of St. Bernard

756 F.2d 1116 · Court of Appeals for the Fifth Circuit · Apr 8, 1985

The doctrine of sovereign immunity has been abandoned in Louisiana. However, this does not mean a parish may be sued for any cause. … Parish liability is limited by the step-child of the old doctrine of sovereign immunity— the public duty doctrine. This doctrine, adopted in Louisiana, was well stated in Stewart v.

Elmo v. Myers v. Gilman Paper Corporation v. International Association of MacHinists and Aerospace Workers (Afl-Cio)

544 F.2d 837 · Court of Appeals for the Fifth Circuit · Mar 21, 1977

to the next senior qualified employee who may work the job until the senior [affected class member] bidder becomes qualified. … In such instances the Affected Class Employee who is the senior bidder shall be required to work in the lower classifications for as long as is necessary for him to qualify and when the Company determines that he is qualified

Linda Singletary v. Prudential Ins Co. of America

828 F.3d 342 · Court of Appeals for the Fifth Circuit · Jul 6, 2016

Singletary, is “eligible to become [an] insured for Dependents Insurance while” she has “a Qualified Dependent.” A “Qualified Dependent” is defined to be, among other things, a “spouse.” … Singletary submitted substantial evidence establishing that although Mr. Singletary was a member of the armed services . . .

Equal Access for El Paso, Inc. v. Hawkins

562 F.3d 724 · Court of Appeals for the Fifth Circuit · Mar 13, 2009

. §§ 430.0-456.725, which set the program’s parameters and establish its basic requirements. … Consistent with this definition, the Act expressly refers to 3 42 U.S.C. § 1983 provides for liability against any person who, acting under color of law, deprives an individual of “any rights, privileges, or immunities

Daigle v. Liberty Life Insurance

70 F.3d 394 · Court of Appeals for the Fifth Circuit · Dec 11, 1995

Daigle now appeals the judgment entered by the district court in accord with the jury verdict on the ground that the verdict was clearly erroneous. II. … A plaintiff may establish a claim of disability discrimination by presenting direct evidence of discrimination.

United States v. Sol Mayer

556 F.2d 245 · Court of Appeals for the Fifth Circuit · Jul 20, 1977

Onori, 5 Cir. 1976, 535 F.2d 938 , securing immunity against prosecution for the witness, United States v. … Attorney’s Office would recommend to the Court that 43 of the 44 indictments against me would be dismissed and that I would be granted immunity from any. further prosecution and that I would be granted immunity from any further

Texas Commercial Energy v. TXU Energy, Inc.

413 F.3d 503 · Court of Appeals for the Fifth Circuit · Jun 17, 2005

The Supreme Court established this doctrine in Keogh v. Chicago & Northwestern Railway, Co., 260 U.S. 156 , 43 S.Ct. 47 , 67 L.Ed. 183 (1922). … Id. at 423 , 106 S.Ct. 1922 ("the Keogh rule has been an established guidepost at the intersection of the antitrust and interstate commerce statutory regimes for 6½ decades...

Jenkins v. De La Paz

124 F. App'x 265 · Court of Appeals for the Fifth Circuit · Feb 28, 2005

immunity. … We have thusly considered the issue and hold that, at this stage of the proceedings, the district court correctly found that the officers’ alleged conduct was not insulated by the doctrine of qualified immunity.

Fairley v. Patterson

493 F.2d 598 · Court of Appeals for the Fifth Circuit · May 1, 1974

vote argument, the Supreme Court has conclusively established in Baker v. … When a suit alleging violation of clearly established law in a particular area is filed, and the defendants, in the face of evident violation of this law, persist in forcing the plaintiffs to expend efforts in preparing and

Nichols v. Loral Vought Sys

Court of Appeals for the Fifth Circuit · Apr 22, 1996

Last, Nichols points to evidence purportedly showing that he was clearly better qualified than younger workers allowed to remain at Loral Vought. … A genuine issue of material fact exists when evidence shows the plaintiff was "clearly better qualified" than younger employees who were retained.

Catherine Walsh, Etc. v. Louisiana High School Athletic Association, Lutheran High School Association of Greater New Orleans

616 F.2d 152 · Court of Appeals for the Fifth Circuit · Apr 30, 1980

The district court determined that the action is not moot because it fell within the “capable of repetition, yet evading review” exception established in Southern Pacific Terminal Co. v. … A review of the evidence presented to the district court shows this finding of fact not to be clearly erroneous. Fed.R.Civ.P. 52(a). V.

Henri and Mary Tatro v. The State of Texas

625 F.2d 557 · Court of Appeals for the Fifth Circuit · Sep 2, 1980

qualified person.” 45 C.F.R. § 121a.l3(b)(10) (1979). … of a free appropriate public education to the child; (D) procedures designed to assure that the notice required by clause (C) fully inform the parents or guardian, in the parents’ or guardian’s native language, unless it clearly

Watson v. Cannon Shoe Co.

165 F.2d 311 · Court of Appeals for the Fifth Circuit · Jan 6, 1948

offered by the plaintiff to meet the rulings of the court on the evidence, certainly did not come too late, and in nowis’e constituted a new cause of action; it merely related to the mode and manner of proof required to establish … We find no merit in appellee’s contention that the alleged slanderous remarks, if made, enjoyed a qualified privilege, nor do we consider the authorities cited in support of this proposition in point here.

Siglar v. Hightower

112 F.3d 191 · Court of Appeals for the Fifth Circuit · May 8, 1997

A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist. Neitzke v. … The district court then determined that no qualifying physical injury resulted from the incident.

Ellery Cornelius Oliver v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

904 F.2d 278 · Court of Appeals for the Fifth Circuit · Jun 28, 1990

Sections 636(c)(3) — (5) are “clearly directed toward creating alternative forums for appeals from magistrates’ judgments,” leaving “the choice of forum to the parties.” Ridings v. … Oliver’s unadorned request for a transcript clearly did not establish the justification necessary for granting his motion.