Case law

Morris v. Compagnie Maritime des Chargeurs Reunis, S.A.

832 F.2d 67 · Court of Appeals for the Fifth Circuit · Nov 16, 1987

Shipowners may well do both in the exercise of ordinary care, but this court is not qualified to make that assumption. … In reaching this decision, the court read Scindia as follows: The Supreme Court has clearly established that the ability of a longshoreman to recover cannot turn on who was in the best position to recognize and remedy a dangerous

Moreira v. Mukasey

509 F.3d 709 · Court of Appeals for the Fifth Circuit · Dec 10, 2007

We clearly lack jurisdiction to consider the BIA’s denial of Moreira’s motions to reopen and reconsider. … The general grant of appellate jurisdiction is found in 8 U.S.C. § 1252(a)(1), which establishes “[j]udicial review of a final order of removal.”

Derek Jerome Singleton, Minor, by Mrs. Edna Marie Singleton, His Mother and Next Friend v. Jackson Municipal Separate School District

348 F.2d 729 · Court of Appeals for the Fifth Circuit · Jun 22, 1965

Absent legal questions, the United States Office of Education is better qualified than the courts and is the more appropriate federal body to weigh administrative difficulties inherent in school desegregation plans. … In retrospect, the second Brown opinion clearly imposes on public school authorities the duty to provide an integrated school system.

State of Louisiana v. Biden

55 F.4th 1017 · Court of Appeals for the Fifth Circuit · Dec 19, 2022

Md. 2009). 29 Establishing Paid Sick Leave for Federal Contractors, 80 Fed. … There can be little doubt that OSHA’s mandate qualifies as an exercise of such authority.” Id. (quoting Alabama Assn. of Realtors v. Department of Health and Human Servs., 141 S.

Hignell-Stark v. City of New Orleans

46 F.4th 317 · Court of Appeals for the Fifth Circuit · Aug 22, 2022

Bruce Church, Inc., such a law will be upheld “unless the burden imposed on interstate commerce is clearly excessive in relation to the putative local benefits.” … Miller, Federal Practice & Procedure § 3915.2 (2d ed.), Westlaw (Apr. 2022 update) (“Partial determinations of relief do not establish finality any more than a determination of liability alone.”).

Wantou v. Wal-Mart Stores Texas

Court of Appeals for the Fifth Circuit · Jan 11, 2022

Additionally, Wal-Mart presented evidence that providing immunizations beyond the parameters established by the Standing Order is 18 Case: 20-40284 Document: 00516160815 … Notably, though Wal-Mart witnesses stated that Wantou was not terminated solely because he immunized persons outside of the age parameters established by the Standing Order, Wal-Mart also provided extensive evidence

Mayo v. Cockrell

287 F.3d 336 · Court of Appeals for the Fifth Circuit · Mar 28, 2002

The issue before us, pursuant to AEDPA standards, is whether the state courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of … The district court here seized on the absence of “clearly established Federal law, as determined by the Supreme Court ....,” and concluded that the period for filing a motion for new trial is not clearly a critical phase;

Mora v. University of Texas Southwestern Medical Center

469 F. App'x 295 · Court of Appeals for the Fifth Circuit · Mar 8, 2012

UTSMC moved to dismiss the Title I claims on the now-uncontroverted ground that, as the Supreme Court has directly held, Title I of the ADA does not validly abrogate the states’ sovereign immunity, meaning that Title I claims … “Qualified” Mora’s complaint also failed to allege facts that, if true, would establish that she was relevantly “qualified” to receive continued treatment in the EAP.

Joseph Gerhart v. Rankin County, Mississipp

Court of Appeals for the Fifth Circuit · Mar 12, 2018

To overcome the qualified-immunity defense, a plaintiff must show first “that the official violated a statutory or constitutional right” and second that “the right was ‘clearly established’ at the time of the challenged conduct … Lynch that “[a]t the time of the incident, the law was clearly established in this circuit that repeatedly striking a non-resisting suspect is excessive and unreasonable force.” 524 F.

United States v. Daniel Ugochi Ihegworo

959 F.2d 26 · Court of Appeals for the Fifth Circuit · May 6, 1992

Ihegworo contends that the district court’s factual finding on this issue was clearly erroneous. See infra note 9. 4 . … In this case, Wilson’s testimony was sufficiently reliable; her testimony was against her penal interest, and she was testifying without a grant of immunity. 10 .

Wrecker Works, L.L.C. v. City of Aberdeen

Court of Appeals for the Fifth Circuit · Sep 20, 2018

not entitled to qualified immunity. … The “clearly established” prong of qualified immunity requires that a government official’s conduct not violate clearly established constitutional or statutory rights that a reasonable 19 Wellness, Inc. v.

Lydle Wayne Fitts v. United States

334 F.2d 416 · Court of Appeals for the Fifth Circuit · Jul 10, 1964

The “registrant bears the burden of clearly establishing a right to the exemption” (Dickinson v. … activities, he did not in any way qualify for 4-D.

Alba Branizza and Robert Branizza v. The Greyhound Corporation

394 F.2d 33 · Court of Appeals for the Fifth Circuit · Mar 26, 1968

A general discussion of this specific question is found in Blashfield’s Cyclopedia of Automobile Law and Practice, Vol. 9(c), § 6238, citing many cases to the effect that speed may be established by the opinion of experts … Colcord, 239 F.2d 518 (10 Cir.) it was pointed out that an expert may give his opinion as to speed based upon the length of skid marks, “ * * * if there were available factors other than skid marks from which a qualified

United States v. Martinez-Paramo

380 F.3d 799 · Court of Appeals for the Fifth Circuit · Aug 4, 2004

I also agree that the appellate record in this case does not allow us to clearly discern what paragraph of 18 Pa. … Bovkun is clearly distinguishable and therefore it does not control the outcome of this case.

Hegna v. Islamic Republic of Iran

376 F.3d 485 · Court of Appeals for the Fifth Circuit · Jul 19, 2004

As dis- 13 cussed, infra, the Hegnas received payments in In part, the Accords established the Iran-Unit- July and November 2003. … Because we answer both with interpreting it. queries in the affirmative, the Houston property does not qualify as a “blocked asset” More v.

Allen Hale, III v. City of Biloxi, Mississippi, et

Court of Appeals for the Fifth Circuit · Apr 19, 2018

Discussion Qualified immunity protects government officials from civil liability when their conduct does not violate clearly established constitutional rights. Cass, 814 F.3d at 728. … When a defendant invokes qualified immunity, the plaintiff must allege facts showing “(1) that the official violated a . . . constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

United States of America Ex Rel. Bruce Barksdale v. Frank Blackburn, Warden, Louisiana State Penitentiary

639 F.2d 1115 · Court of Appeals for the Fifth Circuit · Apr 14, 1981

In addition, one, who testified that he did not use race as a factor in qualifying grand jurors, admitted that he “feels generally Negroes are less qualified than whites to serve as grand jurors.” 29 The state offered no … If he was found to be qualified, and was neither excused nor exempted, the process proceeded as follows. From the information contained on the qualifying subpoena, a white slip and a blue slip was prepared.

A.M. And Antoinette B. Jacob v. Charles A. Donnelly, Formerly Collector of Internal Revenue at New Orleans

374 F.2d 503 · Court of Appeals for the Fifth Circuit · Mar 20, 1967

To succeed in this contention, taxpayer has the burden to establish that the distribution was paid “on account of the employee’s separation from the service” of his employer. … After a careful review of the record, we are convinced such a finding is not clearly erroneous. Fed.R.Civ.P. 52(a). The judgment is affirmed.

American Airlines, Inc. v. United States of America and Sara Ann Creasy, Sara Ann Creasy v. United States

418 F.2d 180 · Court of Appeals for the Fifth Circuit · Nov 17, 1969

We need not repeat here the standards so firmly established in this Circuit for the application of the clearly erroneous rule, Chaney v. City of Galveston, 5 Cir., 1966, 368 F.2d 774 . We now apply the law to the facts. … However, Berguido established that qualified testimony going beyond merely personal observations is admissible provided such testimony does not presume to be official agency opinion.

United States v. Murray

648 F.3d 251 · Court of Appeals for the Fifth Circuit · Jul 27, 2011

However, Castillo-Estevez distinguished those cases and clearly established that there is currently a “reasonable dispute” on the issue, preventing a defendant from establishing plain error. 597 F.3d at 241 n.1. … According to Murray, he and Lapin were functional equals in the company, but only Lapin could qualify as a leader because he alone supervised Wiggington.