Case law

United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss

588 F.2d 111 · Court of Appeals for the Fifth Circuit · Jan 17, 1979

Next, the statute requires that the clerk maintain a qualified jury wheel, which shall consist of “all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant … Clearly, then, the significant issue here would be whether the Government had proved that a conspiracy continued as alleged.

Rawls v. Daughters Of Charity Of Saint Vincent De Paul

491 F.2d 141 · Court of Appeals for the Fifth Circuit · May 14, 1974

It shall be accompanied by a certificate of the coroner and one other qualified physician, stating that they have examined the patient within three days of the application and that he is in need of observation or care in … The Louisiana decisions clearly dealing with false imprisonment claims have held that for false imprisonment to take place there must be a total and unlawful restraint of a person's freedom of locomotion. Crossett v.

Avant v. South Central Bell Telephone Co.

716 F.2d 1083 · Court of Appeals for the Fifth Circuit · Oct 11, 1983

Further, this decision— that Bell had not treated Avant in a discriminatory manner by not hiring him — like any other factual finding of a district court, will stand unless clearly erroneous under F.R.Civ.P. 52(a). … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), a plaintiff may establish a prima facie case of racial discrimination by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified

Richard Alexis v. William Barr, U. S. Atty Gen

960 F.3d 722 · Court of Appeals for the Fifth Circuit · Jun 8, 2020

offense (“CSO”) and that DHS could not meet its burden of establishing removability. … The state crime at issue clearly does apply more broadly than the federally defined offense.”); United States v.

United States v. Jackson

30 F.4th 269 · Court of Appeals for the Fifth Circuit · Mar 30, 2022

The “unexpected and indefensible” qualifier recognizes that most judicial decisions apply retroactively. … To establish the underlying simple robbery, the state had to prove a crime that falls within the ACCA’s elements clause.

Speech First, Incorporated v. Gregory Fenves

979 F.3d 319 · Court of Appeals for the Fifth Circuit · Oct 28, 2020

Speech First has clearly shown a credible threat of enforcement of those policies upon its members. … Speech First has established an injury in fact. D.

Leona Weber, in Behalf of John R. Zimmerman and Billie Zimmerman, Petitioner v. Rudy Garza, U. S. Marshall

570 F.2d 511 · Court of Appeals for the Fifth Circuit · Feb 9, 1978

Zimmerman and Billie Zimmerman on the 4th day of October, it should be clearly understood that this Court does not at this time recognize or accept Leona Weber as the true and lawful attorney to act for either of them in … The application did not establish any reason or explanation of the necessity for resort to the “next friend” device, and none appears on the record.

National Labor Relations Board v. Great Dane Trailers, Inc.

363 F.2d 130 · Court of Appeals for the Fifth Circuit · Jun 24, 1966

by this Company to count as part of the qualifying time. … It has long been established that a finding of violation under this section will normally turn on the employer’s motivation. See Labor Board v.

Equal Employment Opportunity Commission v. Texas Instruments Inc.

100 F.3d 1173 · Court of Appeals for the Fifth Circuit · Dec 10, 1996

If, however, the older employee shows that he was terminated in favor of younger, clearly less qualified individuals, a genuine, material fact issue exists. Walther, 952 F.2d at 12B. C. … The agency showed only that the supervisors were qualified, not that they were clearly better qualified than the supervisors retained in the RIF. See Walther, supra; 10 see also EEOC v.

Carrie J. Cox, for Michael K. Cox, S.S. Nvk-Tp-Ducg v. Richard S. Schweiker, Secretary of Health and Human Services

684 F.2d 310 · Court of Appeals for the Fifth Circuit · Aug 30, 1982

[the insured’s] death” in order to qualify as a dependent child. 42 U.S. C.A. § 402(d)(1)(C) (1974). … In essence, Michael Cox was denied entitlement to surviv- or’s benefits on the basis of a clearly unconstitutional state intestacy law.

Provident Life & Accident Insurance v. Sharpless

364 F.3d 634 · Court of Appeals for the Fifth Circuit · Apr 9, 2004

Hendon, 124 S.Ct. 1330, 1339 (2004) (“ERISA’s text contains multiple indications that Congress intended working owners to qualify as plan participants”). … In sum, the district court’s factual findings with respect to Sharpless’s fraudulent misstatements are not clearly erroneous.

Brown v. City of Monroe

Court of Appeals for the Fifth Circuit · Nov 4, 2024

To determine whether qualified immunity applies, we engage in a two- part inquiry: (1) whether the official's conduct violated the plaintiff’s statutory or constitutional rights; and (2) whether the right was “clearly established … Therefore, our analysis into whether Zordan is entitled to qualified immunity stops here.

Samuels v. Empresa Lineas Maritimas Argentinas

573 F.2d 884 · Court of Appeals for the Fifth Circuit · May 26, 1978

The degree of illumination, however, was not clearly established. … In reaching our own conclusion, we start with the premise that, under the Act, the employer is immune to suit for indemnity or contribution by the vessel. 33 U.S.C. § 905 ; see White v.

Fernandes v. Limmer

663 F.2d 619 · Court of Appeals for the Fifth Circuit · Dec 11, 1981

Furthermore, the legislative immunity discussed in Lake Country Estates, supra, on which defendants strongly rely, applies only to immunity from damage awards. … Regardless of the legislative immunity which might be afforded the D/FW Board members, they are not immune from a § 1988 fee award in their official capacities as law enforcers. 86 The distinction between costs and damages

Iselin v. La Coste

147 F.2d 791 · Court of Appeals for the Fifth Circuit · Feb 12, 1945

Beyond doubt the allegations of the complaint and the admissions of the answer revealed a controversy within the jurisdiction of the Court which would not be lost unless some material averment as to jurisdiction was later clearly … Whether such surrender of a personal immunity be conceived negatively as a waiver or jmsitively as a consent to be sued, is merely an expression of literary preference.

United States v. Claiborne

676 F.3d 434 · Court of Appeals for the Fifth Circuit · Mar 28, 2012

The district court determined that Claiborne had not met his burden of establishing that he was substantially less culpable than Weldon. … “It is not enough that a defendant does less than other participants; in order to qualify as a minor participant, a defendant must have been peripheral to the advancement of the illicit activity.” Id.

Hernandez Caruso v. Texas Medical Board

Court of Appeals for the Fifth Circuit · Sep 4, 2025

Ex parte Young _____________________ 1 At the lower court and on appeal, Defendants have urged a qualified-immunity defense. … The district court made no determination on qualified immunity, and neither do we. “[W]e employ the general rule ‘that a federal appellate court does not consider an issue not passed upon below.’” See Wise v.

PYCA Industries, Inc v. HarCo Wastewater

Court of Appeals for the Fifth Circuit · Jul 14, 1999

our finding of sovereign immunity for the District was based on a construction of the Mississippi Sovereign Immunity Act of 1984, MISS. … Under the terms of the contract, the remedies clause clearly applies only when a claim has been properly filed and disallowed.

Nelson v. CIR

17 F.4th 556 · Court of Appeals for the Fifth Circuit · Nov 3, 2021

The limited partners were Mary Pat and various trusts and accounts that had been established for the Nelsons’ daughters. … The transfer documents clearly and unambiguously state that Mary Pat was gifting and selling the percentage of limited partner interests that an appraiser determined to have a fair market value equal to a stated dollar

Estate of Monroe v. Commissioner

124 F.3d 699 · Court of Appeals for the Fifth Circuit · Oct 9, 1997

DISCUSSION The Tax Court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are reviewed de novo. See Houston Oil & Minerals Corp. v. … The clearly erroneous standard does not apply, however, when the Tax Court’s fact findings are predicated on an incorrect legal standard. See Houston Oil & Minerals Corp. v.