Case law

Gilani v. UTSW Medical Center

Court of Appeals for the Fifth Circuit · Jan 30, 2026

B We review de novo both a district court’s dismissal for failure to state a claim and a district court’s ruling on qualified immunity. 6 We begin with Gilani’s procedural due process claim. … law prong of qualified immunity for the individual-capacity claims. 26 * * * We AFFIRM. _____________________ 26 Doe v.

William D. Stoneburner, Lieutenant Colonel v. Secretary of the Army Army Board for Corrections of Military Records

152 F.3d 485 · Court of Appeals for the Fifth Circuit · Nov 6, 1998

In response to General Saint’s request for clarification of the policy requiring the rater to qualify based on rated days and the senior rater to qualify solely on calendar days, the U.S. … In Muse , the “superior” ratings were accompanied by clearly contradictory comments: “[Muse’s] performance as trial counsel was erratic, he was frequently criticized for ineffective courtroom performance.

International Union of Operating Engineers Local 406, Afl-Cio, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

701 F.2d 504 · Court of Appeals for the Fifth Circuit · Mar 28, 1983

In standard practice, qualified laborers were referred to job openings on a first-in, first-out basis. … The evidence clearly established that Honey received no short-term referrals over the course of many months.

Tom Hawk v. Pershing, L.L.C.

945 F.3d 915 · Court of Appeals for the Fifth Circuit · Dec 19, 2019

Utah as support (American Pipe established the federal policy of tolling for class actions. 414 U.S. 538, 554 (1974)). … Both aims clearly counsel in favor of applying Florida’s tolling rule. 54 Id. at 536. 55 Id. at 537. 56 Vaught, 107 F.3d at 1147 57 Id. 58 Id. 59 Id.

United States v. Bustamante

Court of Appeals for the Fifth Circuit · Feb 10, 1995

immunity . . . I think it's only fair for me to have immunity." … Bustamante makes no attempt to establish that the trial court was obligated to order immunity on its own initiative and we decline to bear this burden for him.

David E. Heasley and Kathleen Heasley, Cross-Appellees v. Commissioner of Internal Revenue, Cross-Appellant

967 F.2d 116 · Court of Appeals for the Fifth Circuit · Jul 20, 1992

The statute suggests one special factor: the limited availability of qualified attorneys for a proceeding. Id. … The Tax Court held that the “going rate” did not qualify as a “special factor” within the meaning of section 7430.

United States v. Sage Pharmaceuticals, Inc.

210 F.3d 475 · Court of Appeals for the Fifth Circuit · Apr 20, 2000

By manufacturing and distributing Palgic D and Palgic DS without FDA approval, Sage clearly violated the statute. … unapproved status of a particular drug outside the established priorities in the same enforcement proceeding as other violations of the FDCA.

NextEra v. Lake

48 F.4th 306 · Court of Appeals for the Fifth Circuit · Aug 30, 2022

Bruce Church, Inc., 397 U.S. 137, 142 (1970), the burden imposed by SB 1938 is “clearly excessive in relation to the putative local benefits.” … Even that police power, the Supreme Court held, is not immune from dormant Commerce Clause scrutiny. Tenn. Wine, 139 S.

Edward Goodloe, a Minor, by His Mother and Guardian, Flonzie Gettis, Etc. v. Russell C. Davis, D. L. Rutland and the Servian Club of Jackson, Inc.

514 F.2d 1274 · Court of Appeals for the Fifth Circuit · Jun 20, 1975

commissioners, the Director of Parks and Recreation, and the City Attorney of Jackson, Mississippi, and the two appellees, for deprivation under color of state law, ordinance, regulation, custom and usage of rights, privileges, and immunities … Any action of the Servian Club in enforcing a discriminatory policy pursuant to city directive or policy is taken “under color of law” and is clearly within the power of the courts to enjoin. See Adickes v. S. H.

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

Stolt Achievement, Ltd. v. Lindholm

440 F.3d 266 · Court of Appeals for the Fifth Circuit · Feb 14, 2006

Stolt contends that while Scrunton was ■ qualified to testify as to proper ship handling, navigation, and observations on the basis of his general experience, he was not qualified to testify as to the specific hydrodynamic … Merrell Dow Pharmaceuticals, Inc. established the baseline criteria for scientific expert testimony; 16 Kumho Tire Co. v.

United States v. Edward Grady Partin

493 F.2d 750 · Court of Appeals for the Fifth Circuit · Jun 5, 1974

Therefore, 15 U.S.C. § 32 , confers no immunity in this case. B. … There is the distinct possibility that the remarks of the court at the opening of the trial may not be clearly recalled many days later.

Lisa M. v. Leander Independent Sch Dist

924 F.3d 205 · Court of Appeals for the Fifth Circuit · May 15, 2019

The record does not clearly reflect how long this staffing lasted but a witness for the District testified that the typical staffing lasts “between an hour and two.” … But, in context, that comment by the SEHO was intended to parse out the two elements of the “qualifying disability” prong.

Trinity Industries, Inc. v. Occupational Safety & Health Review Commission

206 F.3d 539 · Court of Appeals for the Fifth Circuit · Mar 23, 2000

the existence of a hazardous atmosphere at the time of the inspection and therefore that the lining operation did not qualify for the subpart(c) exception. … We find that the knowledge issue was properly preserved for our review in this case where the Commission was clearly aware of the knowledge issue and where the knowledge issue constituted a fundamental element of the Secretary

Medina v. Ramsey Steel Co Inc

238 F.3d 674 · Court of Appeals for the Fifth Circuit · Jan 31, 2001

Here, De la Cruz’s comment was clearly age related, was made when the lead detailer opening was announced and being discussed, and related to the lead detailer promotion decision. … The record does not clearly indicate when Doug Ramsey and other Ramsey Steel officials learned of Medina’s age discrimination complaints.

United States v. Board of Education of Greene County, Mississippi

332 F.2d 40 · Court of Appeals for the Fifth Circuit · May 15, 1964

The clearly erroneous rule is so well established in federal jurisprudence that citation of authority is unnecessary. We are bound by Rule 52(a) Fed.R.Civ.P. … Appellant claims that such a standard is established in the case of Meredith v. Fair, 305 F.2d 341 (Court of Appeals, 5th Cir., 1962). . In Lott v.

Florida East Coast Railway Company v. United States of America, United States of America v. Florida East Coast Railway Company

348 F.2d 682 · Court of Appeals for the Fifth Circuit · Jul 21, 1965

This portion of the District Court’s holding is clearly correct. … Not only the allegations, but the proof adduced on the hearing for preliminary injunction, establish at least preliminarily that the actions of FEC, which we have, by our earlier decision, found to violate the Railway Labor

Gayle BULLARD Et Al., Plaintiffs-Appellants, v. OMI GEORGIA, INC., and Kawasaki Oshema, Individually, Defendants-Appellees

640 F.2d 632 · Court of Appeals for the Fifth Circuit · Mar 23, 1981

In support of their position, appellants submitted affidavits of 20 present and former employees of Omi, including appellants’ own affidavits, establishing as factual contentions that appellants were discharged and replaced … The language of Fed.R.Civ.P. 56(c) clearly indicates that summary judgment is inappropriate whenever a genuine issue of material fact exists.

13 Fair empl.prac.cas. 604, 12 Empl. Prac. Dec. P 11,177 Louis Swint v. Pullman-Standard, Clyde Humphrey, Intervenor

539 F.2d 77 · Court of Appeals for the Fifth Circuit · Aug 30, 1976

This finding by the court is not clearly erroneous. … There are no established criteria for selection of new foremen.

Chanel Hall v. Scott Dixon

497 F. App'x 366 · Court of Appeals for the Fifth Circuit · Oct 1, 2012

Qualified immunity protects government officials from money damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … “A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that what