Case law

Orleans Parish School Board v. Earl Benjamin Bush

242 F.2d 156 · Court of Appeals for the Fifth Circuit · Apr 5, 1957

Of course such a suit is prohibited by the principle of sovereign immunity and by analogy to the Eleventh Amendment to the Constitution of the United States. Hans v. … The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” Georgia Railroad & Banking Co. v.

Dresser Industries, Inc. And Consolidated Subsidiaries v. Commissioner of Internal Revenue

911 F.2d 1128 · Court of Appeals for the Fifth Circuit · Sep 19, 1990

In January 1972, Dresser established Dresser International Sales Corp. (“International”), a wholly-owned subsidiary, which qualified as a Domestic International Sales Corporation (DISC) under code section 992. … Code section 993(a)(1)(D) defines qualified export receipts as including "gross receipts from the sale, exchange, or other disposition of qualified export assets.”

Jordan v. Ector County

516 F.3d 290 · Court of Appeals for the Fifth Circuit · Feb 1, 2008

In considering the Sheriff’s qualified immunity claim, we passed on whether the deputy sheriffs’ conduct fell within the protective curtilage of the First Amendment: It is undisputed that Click and Falcon’s conduct … Ala. 2002) (“The announcement of Burleson’s candidacy, standing alone (i.e., with no evidence of partisanship or opposition to Burleson’s candidacy or his platform), does not present a clearly established constitutional right

Todd v. Hawk

66 F.3d 320 · Court of Appeals for the Fifth Circuit · Aug 3, 1995

On October 17, 1994, the district court dismissed Todd's remaining claims in their entirety on grounds of qualified immunity. … Ct. 1160 (1993), the Supreme Court concluded that the heightened pleading requirement we established in Elliott v.

Cocroft v. Graham

122 F.4th 176 · Court of Appeals for the Fifth Circuit · Nov 22, 2024

“It is well established that the party seeking to uphold a restriction on commercial speech carries the burden of justifying it.” Edenfield v. Fane, 507 U.S. 761, 770 (1993) (cleaned up). … Crisp, 699 F.2d 490 (10th Cir. 1983) (merely held, in relevant part, that advertising restrictions are not immune from First Amendment scrutiny just because the state has broad power to regulate the underlying transactions

Favre v. Sharpe

117 F. 4th 342 · Court of Appeals for the Fifth Circuit · Sep 16, 2024

This is because “nothing in life or our law guarantees a person immunity from occasional sharp criticism,” and “no person avoids a few linguistic slings and arrows, many demonstrably unfair.” Id. … Because Sharpe expressed his views on these “truthful established fact[s],” he argues he was entitled to voice his “sharp criticism” of Favre’s conduct.

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.

Thomas E. Ladner v. J.B. Smith, Sheriff, Smith County, Texas, 1

941 F.2d 356 · Court of Appeals for the Fifth Circuit · Oct 8, 1991

Our conclusion is clearly not. … Penal Code Ann. § 39.021 (a)(2) whose elements are: (1) a peace officer employed at a jail, (2) willfully denies or impedes, (3) a person in custody, (4) in the exercise or enjoyment of any right, privilege, or immunity,

United States v. David Marder

474 F.2d 1192 · Court of Appeals for the Fifth Circuit · Feb 7, 1973

This clearly establishes that the government learned of Popper’s identity over two months before the allegedly illegal wiretaps. … We conclude that evidence of the packets discarded by Marder and the testimony of Popper clearly established that appellant was in the business of gambling. The case against Marder was irrefragable.

United States v. Betty Rae Whimpy

531 F.2d 768 · Court of Appeals for the Fifth Circuit · May 17, 1976

Nicholson received a limited immunity from government prosecution for perjury arising out of the false testimony that he gave in the conspiracy trial in exchange for his testimony in this perjury trial against defendant Whimpy … It is clearly improper for the prosecuting attorney to ask questions eliciting facts and evi *772 dence which are inadmissible and prejudicial. See e. g. Chavez v.

Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of Corrections

536 F.2d 1051 · Court of Appeals for the Fifth Circuit · Aug 9, 1976

Grigson dismissed the other expert opinion as incorrect, claiming that he was the only one truly qualified and experienced enough to arrive at the correct evaluation. … Grigson’s sole explanation was that he was better qualified than they to determine Bruce’s condition, a fact not established in the record.

Rhonda Lamb v. Ashford Place Apartments LLC

914 F.3d 940 · Court of Appeals for the Fifth Circuit · Jan 30, 2019

“A motion to alter or amend judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” … They also pointed out that Lamb had not provided evidence sufficient to establish the three elements of § 9:3221 essen- tial to Lamb’s case.

Bagwell v. Dretke

372 F.3d 748 · Court of Appeals for the Fifth Circuit · Jun 9, 2004

Thus, the shackling of a defendant during trial, a practice that potentially threatens the defendant’s 4 A state court’s decision is “contrary to . . . clearly established Federal law, as determined by … Bagwell does not qualify for any of these limited exceptions.

United States v. Richard James Tucker

345 F.3d 320 · Court of Appeals for the Fifth Circuit · Oct 16, 2003

The Government points out that the evidence presented in the case clearly bespoke of willful, fraudulent behavior on the part of Tucker. … Each count alleged that the defendant had made multiple statements, any one of which established criminal liability.

Bisson v. Howard

224 F.2d 586 · Court of Appeals for the Fifth Circuit · Jun 30, 1955

of the military establishment. … The revised Articles, and their successor —the new Code — also establish a hierarchy within the military establishment to review the convictions of courts-martial, to ferret out irregularities in the trial, and to enforce

United States v. Neely B. Mayton, John Allen Blackburn, Floyd Bamberg, as Registrars of Voters of Perry County, Alabama, and State of Alabama, United States of America v. Honorable Daniel H. Thomas

335 F.2d 153 · Court of Appeals for the Fifth Circuit · Jul 23, 1964

McCLELLAN: To establish a practice there wouldn't there have to be repeated acts? 'MR. … I believe I am qualified to vote.

Pci Transportation, Inc. v. Fort Worth & Western Railroad Company

418 F.3d 535 · Court of Appeals for the Fifth Circuit · Jul 26, 2005

The contract also establishes the demurrage rate applicable after free time expires. … In the context of the collateral order doctrine, we perceive no difference in the distinction between Eleventh Amendment immunity and remand.

High v. Braniff Airways, Inc.

592 F.2d 1330 · Court of Appeals for the Fifth Circuit · Apr 13, 1979

Our opinion, being of a tentative and interim nature, is therefore not to be taken as establishing any law of the case whatever, and we shall avoid burdening the reports with a more extensive statement of the case or exposition … Clearly this phrase, unless the product of careless draftsmanship by the parties, is most consistent with an anticipation that either of the collective bargaining agreements might be applicable to a particular job.

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Victoria Bank and Trust Company

493 F.2d 896 · Court of Appeals for the Fifth Circuit · May 8, 1974

With the merit and seniority programs qualifying as exemptions under the Act, the District Court correctly held that disparities resulting from these programs were not in violation of the Act. … Her previous work experience, dealing with money and meeting the public, in addition to one year’s formal secondary education, would appear to have qualified her for a salary at least equal to Wallace’s.

Timothy Patton v. Jacobs Engineering Group, Inc, e

874 F.3d 437 · Court of Appeals for the Fifth Circuit · Oct 24, 2017

To 5  Case: 16-30879 Document: 00514209175 Page: 6 Date Filed: 10/24/2017 No. 16-30879 establish a failure to accommodate claim, … Moreover, the EEOC investigation clearly encompassed Patton’s failure to accommodate claim. In its position statement, Jacobs stated that “Patton never made any request for reasonable accommodation from Jacobs.”