Case law

United States v. Schorovsky

95 F.4th 945 · Court of Appeals for the Fifth Circuit · Mar 15, 2024

The district court found that these prior convictions were “violent felon[ies] . . . committed on occasions different from one another” and thus qualified Schorovsky for sentence enhancement Case: 23-50040 Document … App’x at 281–82 (holding that the district court clearly and obviously 3  Case: 23-50040 Document: 77-1 Page: 4 Date Filed: 03/15/2024

Walter G. Sterling and Ruth E. Sterling v. United States

325 F.2d 236 · Court of Appeals for the Fifth Circuit · Nov 26, 1963

After careful consideration of the facts, either stipulated or undisputed as they are, we are constrained to say that the conclusion of the district judge is clearly erroneous as contrary to the truth and right of the case … The judgment is, therefore, reversed on the grounds that it refuses to recognize the undisputed and unchangeable facts that Sterling was the recognized beneficiary of a fund, established under the statute, and the payment

Janice Winningham, on Behalf of Herself and All Others Similarly Situated v. United States Department of Housing and Urban Development

512 F.2d 617 · Court of Appeals for the Fifth Circuit · May 1, 1975

Congress has established other programs for the disadvantaged, the dependent, and the disabled. … Section 101(c) provides in pertinent part: (c) As used in this section, the term “qualified tenant” means any individual or family who has, pursuant to criteria and procedures established by the Secretary, been determined

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

270 F.3d 180 · Court of Appeals for the Fifth Circuit · Oct 15, 2001

Amendment does not forbid the government from (1) taking (2) property, but requires only that, when property is taken, “just compensation” be paid, “the crux of this case rests on the issue of just compensation.” 13 And, clearly … The parties now only dispute whether the district court erred by declaring the defendants immune to the plaintiffs’ restitution claim.

United States v. Edward G. Ackal, Henry L. Smith and C.E. "Ed" Thompson

706 F.2d 523 · Court of Appeals for the Fifth Circuit · Jul 18, 1983

Ample independent evidence exists to support the district court’s finding; and the finding, therefore, was not clearly erroneous. … The evidence was clearly admissible as to Smith. The test set forth by this court in United States v.

Dai v. Le

Court of Appeals for the Fifth Circuit · Feb 5, 2024

Qualified Immunity The defendants assert they are entitled to qualified immunity for all claims brought against them in their individual capacities. … A plaintiff may overcome the assertion of qualified immunity by showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged

Rush PETTWAY Et Al., Plaintiffs-Appellants, v. AMERICAN CAST IRON PIPE COMPANY, a Corporation, Defendant-Appellee

576 F.2d 1157 · Court of Appeals for the Fifth Circuit · Jul 24, 1978

While the “class” itself clearly has standing to appeal a judgment of the district court, see, e. g., Pettway III, supra; James v. … The record thus far clearly reveals that only the craft positions are functionally related. Id. n.96 . 42 .

United States v. William Groner, D/B/A Lucky Distributors

479 F.2d 577 · Court of Appeals for the Fifth Circuit · May 22, 1973

We do not denigrate the value or utilization of qualified expert testimony in obscenity cases. … Many experts, all equally well qualified, often disagree in well established fields of knowledge and research such as law, medicine and theology.

Greene v. Demoss

Court of Appeals for the Fifth Circuit · Aug 29, 2022

established law that every reasonable person would have known. 6 The two steps may be performed in any order. 7 Although the officers raise a qualified immunity defense in form, in substance they primarily … arrest.” 24 As to qualified immunity, the officers do not contest that the law prohibiting their alleged excessive force was clearly established.

J. Minos Simon v. United States of America

644 F.2d 490 · Court of Appeals for the Fifth Circuit · May 7, 1981

The Cause of Action Against the Five Federal-Officer Defendants The district court granted summary judgment in favor of the federal-officer defendants on the basis of their qualified immunity from suit for official actions … We prefer to rest our affirmance of the dismissal of the claim against these officers on these grounds rather than on their good-faith immunity.

Gustavo A. Pesantes, Jr., as Administrator of the Succession of Gustavo Adolph Pesantes v. United States

621 F.2d 175 · Court of Appeals for the Fifth Circuit · Jul 10, 1980

Accordingly, the Court held that the “testimony of qualified experts, regardless of whether practicing within or familiar with the defendant doctor’s locality is admissible to prove the degree of care ordinarily exercised … Battit was improperly excluded, we need not address the plaintiff’s argument that the district court’s findings of fact were clearly erroneous.

Wendy Cantarero-Lagos v. William Barr, U. S

924 F.3d 145 · Court of Appeals for the Fifth Circuit · May 6, 2019

“To qualify for asylum, an applicant must establish that he is ‘unable or unwilling to return to . . . … “To qualify for withholding of removal, an applicant must establish that ‘it is more likely than not’ that ‘his life or freedom would be threatened’ in the proposed country of removal due to his race, religion, nationality

Usinas Siderugicas de Minas Geras, Sa-Usiminas v. Scindia Steam Navigation Co.

118 F.3d 328 · Court of Appeals for the Fifth Circuit · Jul 17, 1997

We decline to apply the rule of The Pennsylvania in this ease, where COGSA clearly provides the burden of proof structure. The Pennsylvania provides a burden of proof structure for causation in maritime incidents. … We therefore find that the district court in this case did not err in finding that Scindia bore its burden of establishing navigational error. C.

Mims v. Wilson

514 F.2d 106 · Court of Appeals for the Fifth Circuit · Jun 4, 1975

The Title VII claim was dismissed for failure to exhaust remedies before the Equal Employment Opportunity Commission and plaintiff proceeded under Secs. 1981 and 1983. 2 The evidence established that the defendant had at … Although unable to conclude from the evidence that defendant had intentionally discriminated against plaintiff and his class, 1 he found a clearly established pattern and practice of racial discrimination in employment.

Perez Pimentel v. Mukasey

530 F.3d 321 · Court of Appeals for the Fifth Circuit · Jun 4, 2008

Pursuant to § 212.7(d), the IJ found that Pimentel must establish that the denial of a visa “would result in exceptional and extremely unusual hardship.” … In § 1182(h)(1)(B), Congress did specify that the Attorney General “may, in his discretion” waive inadmissibility if the alien can show “extreme hardship” to a qualifying relative.

In Re Burlington Northern, Inc., Burlington Northern Railroad Co., Union Pacific Corp., Union Pacific Railroad Co., Missouri Pacific Railroad Co., Kansas City Southern Industries, Inc., Kansas City Southern Railway Co. & Chicago & North Western Transportation Co.

822 F.2d 518 · Court of Appeals for the Fifth Circuit · Aug 12, 1987

The court's holding was that Noerr-Pennington "provides immunity only for the narrow petitioning activity," id. at 1265, and that this immunity does not provide "overall immunity" to other violations, id. at 1263. … viable privilege these parties hold 13 The railroads also claim that the district court cannot conclude the window lawsuits defense was a sham because the special master made factual findings to the contrary that were not clearly

Fidelity-Phenix Fire Ins. Co. Of New York v. Flota Mercante Del Estado. The Rio Gualeguay

205 F.2d 886 · Court of Appeals for the Fifth Circuit · Aug 11, 1953

Although in an admiralty proceeding an appellate court has the power to try the case de novo on appeal, it is not required to do so, and will not ordinarily disturb the trial court’s findings of fact unless they are clearly … The statute makes no other exception from the complete immunity granted.”

Agnes L. JONES, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee

568 F.2d 1224 · Court of Appeals for the Fifth Circuit · Mar 6, 1978

Clearly, she did apply for the position of police dispatcher trainee in 1969. However, as her own deposition reveals, in 1972 she sought employment by telephone application as a police dispatcher. … But, the facts having been established beyond genuine dispute, it was appropriate.

Earnest Knighton, Jr. v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary

740 F.2d 1344 · Court of Appeals for the Fifth Circuit · Oct 15, 1984

None may be said to be clearly erroneous. … Once professionally unreasonable errors are established, to prevail under the dual-pronged test of Strickland v.

Dillard v. City of Sulphur

Court of Appeals for the Fifth Circuit · Mar 29, 2000

Moseley, David Gilmore, and Leonard Stout appeal the district court’s denial of their motion for summary judgment based on qualified immunity. … immunity filed by 1 We express no opinion as to whether or not, on a more fully developed record, appellants or any of them would be entitled to judgment as a matter of law on the issue of qualified immunity.