Case law

Avmed Inc. v. Browngreer PLC

300 F. App'x 261 · Court of Appeals for the Fifth Circuit · Nov 17, 2008

“The court’s determinations as to each of the four elements are mixed questions of fact and law reviewed according to the clearly erroneous standard.” Id. … Without a substantive right to enforce against the defendants, the appellants clearly are not entitled to any of the extraordinary equitable remedies they seek.

Hopkins v. Cornerstone America

545 F.3d 338 · Court of Appeals for the Fifth Circuit · Oct 13, 2008

Furthermore, it is clearly possible for Fox to be an employee under the FLSA even if he actually believes himself to be an independent contractor. … On the other hand, New Hampshire did not purport to establish “inflexible prerequisites,” id. at 751, and we have at times implied a broader approach to our judicial-acceptance requirement, see Hall, 327 F.3d at 399.

Rodriguez v. Conagra Grocery Products Co.

436 F.3d 468 · Court of Appeals for the Fifth Circuit · Nov 16, 2005

Morris to establish that ConAgra regarded Rodriguez as substantially limited in a major life activity. This argument is meritless. … Such generalizations about diabetes clearly influenced the district court’s resolution of this case, as shown by its characterization of diabetes as “generally controllable.” See Rodriguez, No. 4:03-CV-055-Y, at 7.

Jimmy Yelverton v. Mobile Laboratories, Inc.

782 F.2d 555 · Court of Appeals for the Fifth Circuit · Feb 14, 1986

A seaman’s burden of production in establishing the value of his maintenance is feather light: his own testimony as to reasonable cost of room and board in the community where he is living is sufficient to support an award … Readers of this opinion may think it unfair that a technical stumbling block, created by Mobile’s failure to pay maintenance voluntarily, has effectively immunized Mobile from liability.

Marion W. Jackson v. Elliott L. Richardson, Secretary of Health, Education and Welfare

449 F.2d 1326 · Court of Appeals for the Fifth Circuit · Oct 26, 1971

In order to qualify for disability benefits under the Social Security Act, a claimant must have impairments which deprive him of his capacity to work to the extent that he is unable to engage in any substantial gainful activity … But the evidence presented by Jackson clearly establishes his impairment, as the Secretary in his brief concedes.

Larry W. Moore and Naomi W. Moore, Larry W. Moore v. U.S. Department of Agriculture, on Behalf of Farmers Home Administration

993 F.2d 1222 · Court of Appeals for the Fifth Circuit · Jun 30, 1993

This statement apparently reflected the policy of the Agriculture Department in implementing the Socially Disadvantaged Farm Ownership Outreach program, established pursuant to the Agricultural Credit Act of 1987, 7 U.S.C … His claim is that his application for the position of kitchen orderly should not be denied solely because of his race, clearly unconstitutional conduct- Inmates have a constitutional right to be free from racial discrimination

Vicari v. Ysleta Independent School District

291 F. App'x 614 · Court of Appeals for the Fifth Circuit · Aug 28, 2008

As to the claim against Miller, the district court held that he was entitled to qualified immunity against Vicari’s Section 1983 claim. … The district court reasoned that Miller was entitled to qualified immunity under either analysis because Vicari could not establish that her constitutional right to due process had been violated. See Linbrugger v.

Spectrum Stores, Inc. v. Citgo Petroleum Corp.

632 F.3d 938 · Court of Appeals for the Fifth Circuit · Feb 8, 2011

The parties did not raise arguments regarding possible immunity under the Foreign Sovereign Immunities Act (FSIA), and they did not make arguments based on Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). … Prudential Considerations The remaining four Baker factors—the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; the impossibility of a court’s undertaking

Mark Tennyson v. Harris County Texas

Court of Appeals for the Fifth Circuit · Apr 16, 2020

The Officers appeal, arguing they are entitled to qualified immunity. We reverse. We review a district court’s denial of a motion for summary judgment de novo. Linbrugger v. … Government officials “are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Fragumar Corp. v. Dunlap

685 F.2d 127 · Court of Appeals for the Fifth Circuit · Aug 23, 1982

He then ruled that he had no jurisdiction because the plaintiffs had not established that their investment was a security. … Nothing in Williamson qualifies the rule that jurisdiction is not to be determined on the basis of the claim’s substantive merit.

Wayne SMALLEY, Plaintiff-Appellant, v. EATONVILLE, CITY OF, a Public Entity and Nathaniel Vereen, Defendants-Appellees

640 F.2d 765 · Court of Appeals for the Fifth Circuit · Mar 27, 1981

I would like to request that a priority be established to transfer me from Eaton-ville to a comparable position within CETA. … To establish a prima facie case under § 2000e-3(a) the plaintiff must establish (1) statutorily protected expression, (2) an adverse employment action, and (3) a causal link between the protected expression and the adverse

Valentine v. Collier

Court of Appeals for the Fifth Circuit · Mar 26, 2021

We have held that TDCJ is an arm of the state of Texas and thus entitled to sovereign immunity. 11 Nevertheless, Title II of the ADA validly abrogates state sovereign immunity when the state’s conduct actually violates … There is no question that the mobility-impaired subclass has a qualifying disability under the first prong.

Ruby Walls Foreman, as Administratrix of the Estate of Allen Frank Walls, Deceased, Ruby Walls Foreman and Terry Lee Walls, as Guardians of the Person and Estate of Charity Annette Walls, Intervenors-Appellees v. The Prudential Insurance Company and the United States of America, James M. Moore and Betty Watson Moore v. The Prudential Insurance Company and the United States of America

657 F.2d 717 · Court of Appeals for the Fifth Circuit · Sep 28, 1981

Walls and Moore clearly fell within this category. … While the Veterans Administration has the primary supervisory role under the statute, however, the Army clearly shares responsibility for administration of the Program.

One Beacon Ins. Co. v. CROWLEY MARINE SERVICES

648 F.3d 258 · Court of Appeals for the Fifth Circuit · Aug 19, 2011

Bay Drilling Corp., 783 F.2d 527, 540 (5th Cir. 1986) (“Long-established general principles of interpreting indemnity agreements [in maritime contracts] require that indemnification for an indemnitee’s own negligence be clearly … And, unlike in Orduna, the RSO clearly referred to a particular document—Crowley’s website—containing these terms and conditions.

United States v. The City of Palm Beach Gardens

635 F.2d 337 · Court of Appeals for the Fifth Circuit · Jan 26, 1981

It is well established that Congress may create a right of action without restricting the time within which the right must be exercised. Occidental Life Insurance Co. v. … The doctrine that the mere passage of time cannot foreclose the rights of the United States derives from the common law principle that immunity from limitations periods is an essential prerogative of sovereignty.

Ed Arrington v. The City of Fairfield, Alabama

414 F.2d 687 · Court of Appeals for the Fifth Circuit · Aug 7, 1969

This federal official deposed that it was a slum area and would qualify for federal urban renewal assistance. … The agreement of the City of Fairfield to do that which it clearly had the au *696 thority to do (regardless of whether a motel was or was not built) furnished the starved shadow of the federal question which is sought to

Fine v. American Solar King Corp.

919 F.2d 290 · Court of Appeals for the Fifth Circuit · Dec 4, 1990

Rather, Main Hurdman argues that such knowledge did not establish scienter because, in order to establish scienter, it must have known that the omitted fact created a “danger of misleading buyers” or the danger must have … The district court acknowledged that “[w]hile more than one Plaintiff states a conclusion that he relied on the report, the whole of each Plaintiffs’ deposition testimony clearly indicates the contrary.”

United States v. Fletcher Ex Rel. Fletcher

805 F.3d 596 · Court of Appeals for the Fifth Circuit · Oct 30, 2015

Ordinarily, our review of this appeal would be guided by well-established desegregation principles. … Ct. 2020, 2030–33 (2011) (holding, in the limited context of qualified immunity, that a prevailing party may challenge an adverse finding that has a “significant future effect on the conduct of public officials”); but see

Cousin v. Trans Union Corp

Court of Appeals for the Fifth Circuit · Apr 9, 2001

Trans Union further argues that the qualified immunity afforded § 1681g disclosures to consumers pursuant to § 1681h(e) necessarily distinguishes the January and February 1997 disclosures from consumer reports … Moreover, § 1681h(e) excludes from qualified immunity those actions commenced under §§ 1681n and 1681o.

Shavonda Bailey v. City of San Antonio, Tex

Court of Appeals for the Fifth Circuit · Jul 13, 2017

The instant defendants are entitled to qualified immunity if their use of force was “objectively reasonable in light of clearly established law at the time the challenged conduct occurred.” 13 “[W]hile the right to be free … Appellants’ entire argument on this second prong of the qualified immunity test is that ‘it is clearly established in the law that citizens are protected against unjustified, excessive police force.’