Case law

Dwyer v. Fidelity National Property & Casualty Insurance

565 F.3d 284 · Court of Appeals for the Fifth Circuit · Apr 9, 2009

The 3 If the district court believed Fidelity knew earlier that the dispute extended only to pricing, this finding would be clearly wrong. … For the Dwyers to recover EAJA fees, Fidelity must qualify as an “independent establishment” or a “corporation in which the United States has 8

29 Fair empl.prac.cas. 1828, 30 Empl. Prac. Dec. P 33,100 Manuel Lerma v. William F. Bolger, Postmaster General, United States Postal Service, Washington, D.C.

689 F.2d 589 · Court of Appeals for the Fifth Circuit · Oct 18, 1982

Although he did not fall literally within the fourth requirement, we do find that he established a prima facie case in that he was equally qualified as the person chosen, who was not a minority. 6 19 Lerma having met his … Schwab was qualified for the position based on the neutral, standardized criteria used by the Post Office.

State of Texas v. USA

Court of Appeals for the Fifth Circuit · Sep 13, 2007

Because the Secretary’s actions clearly violate IGRA’s intent, they are unreasonable. … Pursuant to its general authority under 25 U.S.C. §§ 2 & 9, recognized so clearly by Morton v.

Eagle Leasing Corp. v. Hartford Fire Ins.

540 F.2d 1257 · Court of Appeals for the Fifth Circuit · Oct 22, 1976

Clearly, Sun’s lawsuit charged neglect during the currency of this policy. Therefore, the policy provided coverage beyond question. Id. at 250 . … It is far from conclusive that the time-qualifying phrase “during the currency of this policy” modifies “matters or things”.

Page v. Regents of University System of Georgia

93 F.2d 887 · Court of Appeals for the Fifth Circuit · Dec 18, 1937

Numerous acts of the period establishing towns and counties contain provisions for schools and academies in them. … One teaching degree includes sports in its curriculum, being designed to qualify graduates not only to teach in the State High Schools but to direct the physical education in such schools.

Adam Farkas v. Texas Instrument, Inc. And Ling-Temco-Vought, Inc.

375 F.2d 629 · Court of Appeals for the Fifth Circuit · May 1, 1967

Clearly, then, the complaint “is so drawn as to seek recovery directly under the Constitution or laws of the United States.” … We would be hesitant to say that the antidiscrimination provisions of Executive Order No. 10925 are so unrelated to the . establishment of “an economical and efficient system for * *, * the procurement and supply” of property

Doe v. William Marsh

67 F.4th 702 · Court of Appeals for the Fifth Circuit · May 11, 2023

She also explained that she was investigating whether his conduct “may qualify as dating violence” under the University’s Sexual Misconduct Policy. … though it would ultimately immunize Roe for the exact same behavior.

Brackeen v. Haaland

994 F.3d 249 · Court of Appeals for the Fifth Circuit · Apr 6, 2021

In short, Garcia made clear that any “attempt to draw the boundaries of state regulatory immunity in terms of ‘traditional governmental function’ is not only unworkable but is also inconsistent with established principles … The facts and legal issues in Rice are clearly distinguishable from the present case.

Kirby Corporation v. Pena

109 F.3d 258 · Court of Appeals for the Fifth Circuit · Apr 9, 1997

To qualify for a loan guarantee, a prospective vessel owner must meet certain requirements specified by Title XI and the accompanying MarAd regulations, see 46 U.S.C.App. § 1274(d)(1); 46 … We must assume that the Congress intends, and the language of the statute will clearly provide, for a firm Government obligation which is clear, definite, and unalterable. Id. at 67.

Kerr-McGee Oil & Gas Corp. v. United States Department of Interior

554 F.3d 1082 · Court of Appeals for the Fifth Circuit · Jan 12, 2009

See id. at 892–93 (“Congress clearly imposed a New Production Requirement on [e]xisting [l]eases. It did not do so for [n]ew [l]eases.”). … See, e.g., DWRRA § 302 (specifically setting price thresholds on royalty relief for existing leases that qualify for royalty relief); see also Royalty Relief for American Consumers Act of 2006, H.R. 4749, 109th Cong. § 2(

United States v. Henry David Thomas

991 F.2d 206 · Court of Appeals for the Fifth Circuit · Jun 8, 1993

As no manifest injustice will result from Thomas being charged additionally with federal firearms crimes he clearly committed, we reject his vindictiveness claim. 6 B. … The isolated right to possess firearms, in *215 the absence of restoration of such core civil rights as well, does not immunize convicted felons from § 922(g) guilt.

Gregory LaFleur v. Charles McClelland, Jr.

627 F. App'x 328 · Court of Appeals for the Fifth Circuit · Oct 2, 2015

Case: 15-20195 Document: 00513217063 Page: 2 Date Filed: 10/02/2015 No. 15-20195 defense of qualified immunity. … Because probable cause was established, Officer Camp is entitled to qualified immunity on all Fourth Amendment claims.

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.

Bertha Paglin Ferman, Etc. v. United States

993 F.2d 485 · Court of Appeals for the Fifth Circuit · Jul 15, 1993

Section 1172(a) of the Act added section 2057 to the Internal Revenue Code, which allowed estates a deduction for fifty percent of the “qualified proceeds” of a “qualified sale” of any employer securities to an employee stock … If these clarifications are not made, taxpayers could qualify for the deduction by engaging in essentially sham transactions.

In The Matter Of P & E Boat Rentals, Inc.

928 F.2d 662 · Court of Appeals for the Fifth Circuit · Mar 28, 1991

After his employment with Amoco terminated, Collins made himself available, as trial neared, but there was then nothing to do for which he was qualified. … establishes that there was neither a joint assumption of responsibility nor equivalent performance of services.

Jerry Wayne Davis v. Hill Engineering, Inc. And Williams-Mcwilliams Co., Inc., Defendants

549 F.2d 314 · Court of Appeals for the Fifth Circuit · Jun 17, 1977

The court’s findings of fact as to liability are not clearly erroneous. VIII. … was not clearly erroneous.

Rural Electrification Administration v. Central Louisiana Electric Company, Inc.

354 F.2d 859 · Court of Appeals for the Fifth Circuit · Feb 7, 1966

In that case the District of Columbia Circuit held that a duly chartered state bank had standing to challenge the establishment of a competing bank in violation of state law. … The trial Court did not use the words “fraud, malice, or coercion”, nor did it use language clearly synonymous thereto.

Holm v. Sassenhagen

Court of Appeals for the Fifth Circuit · Aug 26, 2022

As to the second prong of qualified immunity, “[a]n officer ‘cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in the defendant … At summary judgment, a defendant’s good-faith invocation of qualified immunity shifts the burden to the plaintiff to “rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly

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

De La O v. Housing Authority of the El Paso

417 F.3d 495 · Court of Appeals for the Fifth Circuit · Jul 18, 2005

It is well- established that “[c]laims for damages or other After this appeal was filed, HACEP volun- monetary relief automatically avoid mootness,” tarily … For exam- Amendment.8 The doctrine of qualified im- ple, if we were to remand and the district court munity, furthermore, is applicable only to gov- proceeded again to uphold the regulations as ernment