Case law

Data Marketing Partnership v. LABR

45 F.4th 846 · Court of Appeals for the Fifth Circuit · Aug 17, 2022

First, it’s well-established that “where agency action withdraws an entity’s previously held discretion, that action alters the legal regime, binds the entity, and thus qualifies as final agency action.” Texas v. … The Court, however, did not “clearly define who exactly makes up this class of ‘working owners.’” Id. at 25 n.* (Thomas, J., concurring in the judgment).

Equal Employment Opportunity Commission v. Louisiana Office of Community Services

47 F.3d 1438 · Court of Appeals for the Fifth Circuit · Mar 23, 1995

The EEOC argues first that it presented evidence that Fisher was clearly better qualified than the selectees. … This evidence does not demonstrate that Fisher was clearly better qualified than the applicants selected for the contested positions.

Reigel Fiber Corporation v. Anderson Gin Company, Reibel Fiber Corporation v. Ellis Brothers

512 F.2d 784 · Court of Appeals for the Fifth Circuit · May 9, 1975

Moreover, once it is established that a party is a third party beneficiary, he is fully entitled to enforce the promise made for his benefit. Anderson v. Howard Hall Co., supra, 179 So.2d at 72 . … “[I]t is . well established that the prevailing party below need not cross-appeal to entitle him to support the judgment in his favor on grounds expressly rejected by the court below.” Swarb v.

C. G. Ball (Margaret Eliza Ball, Temporary Administratrix, Etc., Substituted in Place of C. G. Ball, Deceased) v. Victor Adding MacHine Company

236 F.2d 170 · Court of Appeals for the Fifth Circuit · Sep 12, 1956

Since the Pension Trust inaugurated to qualify under the statute was, and had to be, established for the sole and exclusive benefit of the covered employees, it is unrealistic to say that the Employer ceases to have any connection … This does not subject the Employer to a personal liability beyond its contributions (or those it has clearly agreed to make so long as the plan remains effective).

Burton v. Waller

502 F.2d 1261 · Court of Appeals for the Fifth Circuit · Oct 18, 1974

Professor Prosser describes cases such as Moore and Oliver as examples of 'clearly established double fault and alternative liability.' 116 There is one special type of situation in which the usual rule that the burden of … It may be called that of clearly established double fault and alternative liability.

United States v. John Joseph Vaccaro Samuel C. Matrana Joseph Edward Jackson Victor Robert Heackley

115 F.3d 1211 · Court of Appeals for the Fifth Circuit · Jun 11, 1997

The jury acquitted Ether-idge, Joe Gagliano pled guilty, and Carroll testified under a grant of immunity. … The measure is whether a reasonable trier of fact could have found that the evidence established guilt beyond a reasonable doubt.

Sanger Insurance Agency v. HUB International, Limi

802 F.3d 732 · Court of Appeals for the Fifth Circuit · Sep 23, 2015

the challenged activities are immune from federal antitrust scrutiny under the McCarran-Ferguson Act. … The same conclusion does not so clearly emerge with respect to the fixing of agents’ commissions. . . .

Hershey v. City of Bossier City

Court of Appeals for the Fifth Circuit · Feb 6, 2026

decision already on the books establishing the violation. … Naturally, Richard Hershey took the en banc dissental at its word, and jumped at the chance to brief the religious liberty and qualified immunity issues that the dissental purportedly invited him to present.

National Screen Service Corporation v. The Poster Exchange, Inc.

305 F.2d 647 · Court of Appeals for the Fifth Circuit · Jul 11, 1962

The moving party has the burden of positively and clearly demonstrating that there is no genuine issue of fact and any doubt as to the existence of such an issue is resolved against him. Heyward v. … The burden is heavy on the moving party to establish clearly his right to summary judgment. See Moore’s Federal Practice, 2d Ed. ft 56.11 [3] ¶ 56.15 [3].

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

Court of Appeals for the Fifth Circuit · Jan 20, 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.

11 Fair empl.prac.cas. 98, 10 Empl. Prac. Dec. P 10,360 Oliver I. Sabala, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellee-Cross-Appellant v. Western Gillette, Inc., Defendants-Appellants-Cross-Appellees. Leonard M. Ramirez v. Western Gillette, Inc.

516 F.2d 1251 · Court of Appeals for the Fifth Circuit · Aug 4, 1975

Second, Western Gillette argues that the testimonial evidence does not establish overt discrimination. … bargaining agreement. 75 Guided by the facts of this case it would be difficult to fasten liability on one party to the labor contract which was a substantial cause of the discriminatory employment practices and grant total immunity

Guidry v. Lumpkin

2 F.4th 472 · Court of Appeals for the Fifth Circuit · Jun 23, 2021

Accordingly, even if we find that a state court incorrectly applied clearly established federal law, we only intervene if the application was objectively unreasonable. Perez v. … But as that debate indicates, there is no clearly established federal law as determined by the Supreme Court on this point.

Rocha v. City of Austin

283 F. App'x 305 · Court of Appeals for the Fifth Circuit · Jun 27, 2008

Schroeder moved for summary judgment based on qualified immunity. The district court denied her motion, and she appeals. We DISMISS for lack of appellate jurisdiction. * Pursuant to 5TH CIR. … In many cases, a defendant’s violent attack on police officers results in the grant of qualified immunity. See, e.g. Colston, 130 F.3d at 99; Bazan, 246 F.3d at 481; Hudspeth, 2008 WL 749547.

Lewis v. Intermedics Intraocular, Inc.

56 F.3d 703 · Court of Appeals for the Fifth Circuit · Aug 24, 1995

The MDA established three categories of medical devices, each with different pre-marketing requirements, based upon the degree of risk to the public health and safety. … However, the Investigational Device Exemption (IDE), 21 U.S.C. § 3603 (g), allows the FDA to exempt qualified devices from the requirements of the MDA.

Pondexter v. Dretke

346 F.3d 142 · Court of Appeals for the Fifth Circuit · Sep 16, 2003

A state court’s decision constitutes an unreasonable application of clearly established federal law if it is objectively unreasonable. Id. at 1521. … Bolesta was a qualified expert, and his opinion that Ms.

State of Texas v. USA

Court of Appeals for the Fifth Circuit · Nov 9, 2015

We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’” … The district court’s finding was clearly erroneous, however, and I turn to it next. B.

Bridas S.A.P.I.C. v. Government of Turkmenistan

345 F.3d 347 · Court of Appeals for the Fifth Circuit · Sep 15, 2003

As we have held in the past, such a statement does not establish an agency relationship. Id. at 180. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Ryan-Walsh Stevedoring Co., Inc. v. Trainer

601 F.2d 1306 · Court of Appeals for the Fifth Circuit · Sep 10, 1979

Hence, the claimant must demonstrate that she was decedent's "wife" in order to qualify for death benefits. … Any such hearing shall be conducted by a administrative law judge qualified under section 3105 of that Title.

Brazos Electric Power Cooperative, Inc. v. Federal Energy Regulatory Commission

205 F.3d 235 · Court of Appeals for the Fifth Circuit · Feb 29, 2000

Congress broadly outlined which specific “cogeneration facilities” would qualify for benefits. … "[T]he Commission, in acting on an application for certification of qualifying status, essentially renders a declaratory order.

Welch v. University of Texas & Its Marine Science Institute

659 F.2d 531 · Court of Appeals for the Fifth Circuit · Oct 15, 1981

On that form, she indicated that her termination was involuntary and clearly stated that she had been forced to resign by her supervisor. … In order to establish a prima facie case of sex discrimination under Title VII, plaintiff must first prove by a preponderance of the evidence that (i) she is a member of a protected class, (ii) she was qualified for the job