Case law

Love v. Foster

90 F.3d 1026 · Court of Appeals for the Fifth Circuit · Jul 30, 1996

They argue that when one candidate receives a majority of the votes in the primary, only one candidate qualifies and the state is not required to place the single qualified candidate on the November ballot. We disagree. … All qualified voters may vote for candidates in primary and general elections without regard to the voter's party affiliation or lack of it, and all candidates who qualify for a primary or general election may be voted on

Melissa Hopkins v. William Karman

Court of Appeals for the Fifth Circuit · Dec 23, 2013

immunity because even if he intended to seize Whitehead, his use of force in the circumstances was not unreasonable according to clearly established law at the time. … Indeed, if we interpret the complaint charitably, the magistrate judge’s qualified-immunity analysis may be incorrect.

Citizens Co-Op Gin v. United States

427 F.2d 692 · Court of Appeals for the Fifth Circuit · Jun 16, 1970

Since this is clearly remedial legislation, we see no need to read such a restriction into the statutory scheme. … The attorneys’ fees therefore do not qualify under 26 U.S.C.A. § 6323 (e) (3) for a priority superior to the government’s tax lien.

St. Regis Paper Co., and All Other Creditors Similarly Situated v. Billy R. Jackson, Trustee in Bankruptcy for Harry D. Stone, Bankrupt

369 F.2d 136 · Court of Appeals for the Fifth Circuit · Dec 29, 1966

A trustee has five days after appointment to qualify. 5 Dewey did not post bond and *139 so failed to qualify. On September 30th the Referee entered the order denying the turnover of assets. … General Order 37 attempts to establish the advantages of modern pleading without disturbing the peculiar demands of a bankruptcy proceeding.

Coleman v. New Orleans & Baton Rouge Steamship Pilots' Ass'n

437 F.3d 471 · Court of Appeals for the Fifth Circuit · Jan 24, 2006

The receipts, minus general overhead expenses, are remitted monthly to member pilots in accordance with an established formula based on the number of days each individual was available for piloting. … Clearly not.

Frascarelli v. United States Parole Commission

857 F.3d 701 · Court of Appeals for the Fifth Circuit · May 23, 2017

The Code establishes three ranges of punishment for homicide. Id. … Therefore, we conclude that the Commission did not clearly err in finding that Frascarelli acted with malice.

Harris v. Ross

146 F.2d 355 · Court of Appeals for the Fifth Circuit · Nov 7, 1944

Immunity from the general obligation of service will *358 never be presumed. … Here the respondent failed to carry the burden of proof to support his claim before the local board in a proceeding where the board was clearly acting within the scope of its duty and power.

United States v. Farias

469 F.3d 393 · Court of Appeals for the Fifth Circuit · Nov 2, 2006

Of course the Government can grant transactional immunity,5 it did not do so here. … that a connection between the gun and the offense was not clearly improbable, but Jacquinot clearly places the burden on Jorge.

Union Oil Company of California v. The Tug Mary Malloy, Her Engines, Tackle, Etc.

414 F.2d 669 · Court of Appeals for the Fifth Circuit · Jul 18, 1969

While this principle must be qualified to the extent that it does not exculpate all faults however. flagrant, see A. H. Bull S.S. Company v. United States, 2 Cir.1929, 34 F.2d 614 ; Cuba Distilling Co. v. … The evidence in the present case shows that the custom on right-of-way into the Canal was well established and known to the seamen aboard both vessels. 3 .

Thomas A. McCrary v. David B. Poythress, Secretary of the State of Georgia and Chairman State Election Board

638 F.2d 1308 · Court of Appeals for the Fifth Circuit · Mar 12, 1981

Unlike Ohio, Georgia does not fix an unreasonably early filing deadline for candidates not endorsed by established parties. … In referring to the one-percent requirement the Court clearly indicated that more than that provision was involved: “The District Court balanced this lenient one percent petition requirement against what it thought was a

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.

Marcantel v. Louisiana, Department of Transportation & Development

37 F.3d 197 · Court of Appeals for the Fifth Circuit · Nov 3, 1994

Marcantel contends that he was better qualified than Villery and that the DOTD should have found a way to settle Villery's grievance rather than deviating from established practices. … Marcantel, in response, argues that he, as a qualified applicant for the job, should not be deprived of an opportunity for promotion because of discrimination perpetrated against Villery.

prod.liab.rep. (Cch) P 14,261 Edward A. Lewis v. Intermedics Intraocular, Inc., Louis Angelle v. Intermedics Intraocular, Inc., Joseph Ferrara v. Intermedics Intraocular, Inc., Joseph Caronia, Etc. v. Intermedics Intraocular, Inc., Christopher Bordenave, Jr., Etc. 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. … The Louisiana Uniform Consent Law, La.R.S. 40:1299.40 clearly does not apply to manufacturers.

Rost v. United States

44 F.4th 294 · Court of Appeals for the Fifth Circuit · Aug 11, 2022

The district court correctly found that Enelre qualifies as a foreign trust. … As the district court explained, “Rost’s argument is based on the faulty premise that the IRS established a ‘rule’ that a Stiftung always qualifies as a ‘foreign trust.’” Rost, 2021 WL 5190875, at *8.

Jerry R. England v. Louisiana State Board of Medical Examiners

263 F.2d 661 · Court of Appeals for the Fifth Circuit · Jan 23, 1959

Medical practice acts enjoy no immunity from constitutional attack. … The meaning is that the holder of such a license is a qualified surgeon and a qualified medical practitioner.

Waller v. Hoeppner

Court of Appeals for the Fifth Circuit · Sep 27, 2022

, to the extent that the district court’s order turns on an issue of law.” 4 Qualified immunity insulates public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … When a § 1983 defendant pleads a qualified immunity defense, the plaintiff then bears the burden to show that qualified immunity is not available. 6 “On appeal, we ask ‘the purely legal question whether the defendants

Castillo v. Montelepre, Inc.

999 F.2d 931 · Court of Appeals for the Fifth Circuit · Oct 5, 1993

The Medical Malpractice Act 2 Louisiana has established a statutory scheme for the prosecution of medical malpractice claims against qualified health care providers. … Id. § 40:1299.42(B)(1). 5 In the event a qualified provider settles for its $100,000 policy limits, its liability becomes "admitted and established" for the purposes of any subsequent action by the malpractice victim against

Rossy Salazar v. Jose Maimon

750 F.3d 514 · Court of Appeals for the Fifth Circuit · Apr 29, 2014

However, the ICARA goes beyond the discretion bestowed by the Hague Convention and includes a mandatory obligation to impose necessary expenses, unless the respondent establishes that to do so would be clearly inappropriate … Once the district court ordered the child returned to Salazar, section 11607(b)(3) shifted the burden of proof onto Maimon to establish that an award of the requested necessary expenses would be “clearly inappropriate.”

Dawn Polk v. Jefferson County, Texas

714 F. App'x 457 · Court of Appeals for the Fifth Circuit · Mar 14, 2018

PER CURIAM:* This case occasions review of the district court’s denial of a motion for summary judgment predicated on qualified immunity. … conduct, then qualified immunity is unavailable.”

Powers v. Commissioner

43 F.3d 172 · Court of Appeals for the Fifth Circuit · Jan 26, 1995

Powers contends that the statements attached to his 1978 and 1979 returns fall short of qualifying as an election under § 172 in two ways. … Nonetheless, based on the record, we do not find that it was clearly erroneous or an abuse of discretion for the trial judge to have reduced this award.