Case law
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453 F.3d 302 · Court of Appeals for the Fifth Circuit · Jun 20, 2006
It is well-established, however, that a defendant’s rights at sentencing differ considerably from his pre-conviction rights. See, e.g., United States v. … Even assuming that Jackson had the right to present his girlfriend as a witness at sentencing, he has failed to demonstrate that the district court’s allegedly threatening statements were clearly erroneous.
Cited 32 timesPublished238 F.3d 310 · Court of Appeals for the Fifth Circuit · Jan 4, 2001
Does that mean that use of facilities in foreign commerce really does not qualify under the statute? No, of course not. … This alternative use in a legislative report cannot conclusively establish Congress’ intent in drafting the statute. Ultimately, as is often the case, the legislative history is inconclusive, and thus unreliable.
Cited 200 timesPublished176 F.3d 847 · Court of Appeals for the Fifth Circuit · May 24, 1999
To establish a pri-ma facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; (3) that he was subject to an adverse employment decision on account … Clearly, one who is not licensed cannot be considered “otherwise qualified” for the position of pharmacist. 8 .
Cited 149 timesPublishedSergio Lugo-Resendez v. Loretta Lynch
831 F.3d 337 · Court of Appeals for the Fifth Circuit · Jul 28, 2016
his Texas conviction for “possession of controlled substance less than one gram” did not qualify as an “aggravated felony.” … 2 Case: 14-60865 Document: 00513613847 Page: 3 Date Filed: 07/28/2016 No. 14-60865 than eleven years after the entry of the March 2003 order of removal—clearly
Cited 155 timesPublishedBillie J. Atkinson v. Gates, McDonald & Company
838 F.2d 808 · Court of Appeals for the Fifth Circuit · Mar 31, 1988
It obviously makes no sense for the employer’s agent not to have the immunity which the employer would if carrying out the same actions directly. … Under the scheme established in section 14, the employer has the unfettered right to controvert a claim for compensation and, if thé employer does so, no compensation is due until an award is made.
Cited 48 timesPublishedUnited States v. Angeles-Mendoza
407 F.3d 742 · Court of Appeals for the Fifth Circuit · Apr 26, 2005
Ho, the finding, rejecting those theories, clearly 311 F.3d 589, 608 (5th Cir. 2002). … erroneous for the the smuggled aliens were physically restrained; district court to find that the potentially dan- the factual basis of the guilty pleas established gerous method in which the aliens
Cited 122 timesPublished94 F.4th 362 · Court of Appeals for the Fifth Circuit · Feb 9, 2024
Collective actions can be certified as to the very question of whether a specific group of individuals qualify as “employees” under the FLSA. See Hobbs v. … The extent to which the intern and the employer clearly understand that there is no expectation of compensation.
Cited 14 timesPublishedUnited States v. John Russell Webster, Jr., Delbert Paul Hoskins, Robert Bode and John Jay Caperton
734 F.2d 1048 · Court of Appeals for the Fifth Circuit · Jun 11, 1984
Judged by these well settled standards, Agent Sanchez’ affidavit clearly satisfies the requirements of 18 U.S.C. § 2518 (1)(c). … Grindele ultimately was granted complete transactional immunity and paid in excess of $21,000 for his information and subsequent testimony. 2 .
Cited 113 timesPublishedBridgette McCoy v. Housing Auth of New Orleans, et
714 F. App'x 322 · Court of Appeals for the Fifth Circuit · Oct 18, 2017
To the extent that McCoy challenges the district court’s finding of qualified immunity, it is well established that a “plaintiff must clear a significant hurdle to defeat qualified immunity. . . . … (“Qualified immunity ‘gives ample room for mistaken judgments.’”) (quoting Mendenhall v.
Cited 4 timesUnpublishedUnited States v. Victor G. Apodaca, Jr.
666 F.2d 89 · Court of Appeals for the Fifth Circuit · Jan 4, 1982
Apodaca argues that this testimony was evidence which establishes an “actual bias,” requiring the court to grant a challenge for cause. … The record does not clearly reflect whether or not Hughes was assisted on Exhibit 121 (as he stated he had been with Ex. 123, which was not admitted into evidence); the defendant was acquitted on all charges related to his
Cited 27 timesPublishedBonney Motor Express, Inc. v. United States
640 F.2d 646 · Court of Appeals for the Fifth Circuit · Mar 25, 1981
It is well-established that the Commission is not precluded from granting new authority even where the services of existing carriers appear to be adequate for the present or future. United States v. … Clearly existing services are not intended to be immune from competition, and here, where an applicant is already demonstrably a significant competitor for the involved traffic, and where the public would reap obvious benefits
Cited 6 timesPublishedEdmonds v. Illinois Central Gulf Railroad
910 F.2d 1284 · Court of Appeals for the Fifth Circuit · Sep 10, 1990
Moreover, Edmonds sought to establish a link between this accident-induced stress and his worsening coronary artery disease. … Clearly, then, his subjective opinion on this medical issue is not admissible.
Cited 2 timesPublished112 F. 988 · Court of Appeals for the Fifth Circuit · Jan 7, 1902
“uas any promise or security or immunity from prosecution on your part been made to you by any representative of the United States in consideration of your appearing here as a witness against Captain King?” … The other assignments of error need not be considered, because they are clearly without merit, or are based on rulings which were incidental to that particular trial, and not likely to appear in another.
Cited 12 timesPublished503 F.2d 1320 · Court of Appeals for the Fifth Circuit · Jan 10, 1975
As was noted, the most critical shortage in the APS is of qualified medical personnel. In Campbell v. … Clearly, under Campbell v. Beto, supra, the widespread use of inmate assistants and M.T.A.’s is suspect.
Cited 123 timesPublished390 F. App'x 305 · Court of Appeals for the Fifth Circuit · Jul 23, 2010
In her motion for summary judgment, Officer Chacon asserted that Vasquez had not produced evidence showing the inapplicability of the qualified immunity defense. See Zarnow v. … Vasquez cites cases from other circuits to support her argument that a disputed issue of fact as to qualified immunity should be decided by a jury. See Velasquez v.
Cited 6 timesUnpublished989 F.2d 165 · Court of Appeals for the Fifth Circuit · Apr 21, 1993
to provide ample statistical evidence to establish a prima facie violation of Title VII. 1 To the contrary, we find the record replete with evidence to establish such a violation. 25 2. … The record clearly demonstrates that any explanation which the district court may have perceived to be facially nondiscriminatory is, in fact, mere pretext. 27 Discarding Mr.
Cited 7 timesPublishedUnited States v. Hernandez-Galvan
632 F.3d 192 · Court of Appeals for the Fifth Circuit · Jan 31, 2011
In other words, an offense qualifies as a crime of violence if it falls within an enumerated category or within the physical-force provision. … To establish the required “realistic probability” of different outcomes, “he must at least point to his own case or other cases in which the state courts in fact did apply the statute in the special (nongeneric) manner for
Cited 36 timesPublished796 F.2d 65 · Court of Appeals for the Fifth Circuit · Jul 30, 1986
This court lacks jurisdiction over the appeal because the district court did not clearly abuse its discretion in denying the Gammill plaintiffs permission to intervene. … American Medical Assn., 635 F.2d 1295, 1301 (7th Cir.1980), where Judge Wisdom stated “the burden must be on the parties opposing modification to establish that particular discovery materials in Wilk would be immune *68 from
Cited 7 timesPublished310 F.2d 417 · Court of Appeals for the Fifth Circuit · Nov 30, 1962
The Secretary of Agriculture pursuant to the Agricultural Adjustment Act established a national marketing quota to be in effect for the 1958-59 marketing year. … Within each state farm marketing quotas and acreage allotments were to be established by the County Committees. 7 U.S. C.A. § 1334(c).
Cited 9 timesPublishedEsma Etienne v. Spanish Lake Truck & Casino
Court of Appeals for the Fifth Circuit · Feb 4, 2015
Moreover, they do so “clearly and explicitly.” Thus, under Jones, Terradot’s comments are “by definition direct evidence of discrimination.” Id. … Spanish Lake contends that it did not hire Etienne because the person it hired was more qualified than Etienne.
Cited 0 timesPublished
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