Case law

Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance Company

188 F.3d 287 · Court of Appeals for the Fifth Circuit · Sep 1, 1999

The ERISA statute defines “employee welfare benefit plan” as: any plan, fund, or program ... established or maintained by an employer ... to the extent that such a plan, fund, or program was established or is maintained for … MNA had an employee welfare benefit plan established for the corporation’s employees.

United States v. Campbell

49 F.3d 1079 · Court of Appeals for the Fifth Circuit · Apr 4, 1995

the evidence establishes guilt beyond a reasonable doubt.” … Findings of fact are accepted if they are not clearly erroneous. Id.

Waganer v. Sea-Land Service, Inc.

486 F.2d 955 · Court of Appeals for the Fifth Circuit · Nov 19, 1973

This circuit has applied this exception only when the repair contractor’s sole custody and control has been established. … If it did our review would be under the “clearly erroneous” doctrine of Rule 52(a), F.R.Civ.P. McAllister v. United States, 1954, 348 U.S. 19 , 75 S.Ct. 6 , 99 L.Ed. 20 .

Goodpasture, Inc. v. M/V Pollux

688 F.2d 1003 · Court of Appeals for the Fifth Circuit · Oct 12, 1982

Code Ann. § 1.205 (b) (Vernon), should be read as giving “particular meaning to and supplementing] or qualifying] terms of an agreement.” … Our earlier opinion does not fall within the clearly erroneous exception.

Elliott v. Group Medical & Surgical Service

714 F.2d 556 · Court of Appeals for the Fifth Circuit · Sep 16, 1983

There we concluded that summary judgment for an employer was improper where the evidence did not clearly establish when the employee’s “on call” status had terminated, notwithstanding that the employee had earlier received … The record in this case establishes that the plaintiff-appellees were in the ADEA’s protected age group, that most were qualified, and that they were terminated and (except for one) replaced by younger employees.

RLB Contracting, Inc. v. Butler

773 F.3d 596 · Court of Appeals for the Fifth Circuit · Dec 3, 2014

A limitation action essentially establishes a limited fund equal to the value of the vessel and consolidates all potential claims before one federal district court. … A state court complaint clearly gives 16 In re Eckstein, 672 F.3d at 317. 17 Id. at 317–18 (quoting Complaint of Morania Barge No. 190, Inc., 690 F.2d 32, 34 (2d Cir. 1982)). 18 Exxon Shipping Co. v

Waldrip v. General Electric Co.

325 F.3d 652 · Court of Appeals for the Fifth Circuit · Apr 1, 2003

fill our “statutory obligation to determine the “As a threshold requirement in an ADA existence of disabilities on a case-by-case claim, the plaintiff must, of course, establish basis.” … qualifying as disabilities.”); id. at 198 (holding that at 478-80.

Texas Independent Party v. Kirk

84 F.3d 178 · Court of Appeals for the Fifth Circuit · Jun 3, 1996

Rather, the Supreme Court has clearly articulated that a flexible standard applies. This methodology, forged in Anderson and refined in Burdick guides us today. … A second method was through the established party route. Established parties that had qualified by petition for three consecutive years did not have to file party petitions for ten years.

United States v. Mitchell Ray Leonard

868 F.2d 1393 · Court of Appeals for the Fifth Circuit · Mar 20, 1989

Leonard’s construction of the statute, that actual or potential violence must also be established, renders superfluous the language in the first clause of subsection (ii). … In that case, the Ninth Circuit considered whether a prior conviction for preventing or dissuading a witness from testifying qualified as a “violent felony.”

Rd-Dr Corporation v. Smith

183 F.2d 562 · Court of Appeals for the Fifth Circuit · Oct 16, 1950

appellants. 3 Their picture" is of a court ministering to the demand for national uniformity of view as to what should be done about moving pictures, and unfettered by prior decisions, ready to turn away in unison from the established … Then, after pointing to recent decisions which “have almost completely immunized this battle for the streets from any form of control”, he goes on to say: “ * * * Whatever the merits of any one of these decisions in isolation

Whitehouse Hotel Ltd. Partnership v. Commissioner

615 F.3d 321 · Court of Appeals for the Fifth Circuit · Aug 10, 2010

To constitute a “qualified conservation easement”, the contribution must be “(A) of a qualified real property interest, (B) to a qualified organization, [and] (C) exclusively for conservation purposes”. 26 U.S.C. § 170 (h … Again, “[valuation is a mixed question of law and fact, the factual premises being subject to review on a clearly erroneous standard, and the legal conclusion being subject to de novo review”.

Joe Guerra v. Frank Bellino

Court of Appeals for the Fifth Circuit · Jun 19, 2017

Bellino moved for summary judgment based on qualified immunity. … The majority disregards two well-established principles in the doctrine of qualified immunity.

Floyd Sanders, III v. Don English, Curtis McCoy Ed Perry, and the City of Mansfield

950 F.2d 1152 · Court of Appeals for the Fifth Circuit · Jan 21, 1992

Fortenberry, 849 F.2d 1550, 1559 (5th Cir.1988) (“Geter /”) (procuring false identification by unlawful means or deliberately concealing exculpatory evidence “violates clearly established constitutional principles”); nor … We also do not address any potential claims of qualified immunity, as they were not addressed below and have not been raised on appeal. 14 .

Sharon Grandstaff, Individually and as Representative of the Estate of James C. Grandstaff and Kay Lajune Grandstaff, as Next Friend of Jo Cheryl Grandstaff, a Minor, Cross-Appellants v. The City of Borger, Texas, Cross-Appellees. Sharon Grandstaff, Individually and as Representative of the Estate of James C. Grandstaff v. The City of Borger, Texas

767 F.2d 161 · Court of Appeals for the Fifth Circuit · Aug 5, 1985

immunity. … The answer to that argument is that the reckless use of deadly force was not within their discretionary authority and that the wanton and oppressive taking of a life violated clearly established law. See Harlow v.

Robert Morris v. Elizabeth Cross

476 F. App'x 783 · Court of Appeals for the Fifth Circuit · May 3, 2012

Because Morris failed to show a constitutional violation, the district court properly concluded that Cross, Agapiou, and Milligan were entitled to qualified immunity. See Ontiveros v. … Because the defendants raised qualified immunity, Morris was not entitled to proceed with discovery, and the evidence that he proposes that he would have discovered or presented would not have created a genuine issue of material

Rony Paz Calix v. Loretta Lynch

784 F.3d 1000 · Court of Appeals for the Fifth Circuit · Apr 28, 2015

Paz Calix made his argument clearly, and cited one of the few cases relevant to the question at issue. A thin argument perhaps, but when the authority itself is thin, that may be sufficient. … No. 13-60764 were established prior to the case under consideration.

76 Fair empl.prac.cas. (Bna) 1392, 73 Empl. Prac. Dec. P 45,396 W.G. Bennett, Plaintiff-Appellee-Cross-Appellant v. Total Minatome Corporation, Defendant-Appellant-Cross-Appellee

138 F.3d 1053 · Court of Appeals for the Fifth Circuit · May 28, 1998

to a demotion or a failure to promote by demonstrating that: 1) he was demoted or not promoted, as the case may be; 2) he was qualified for the position he occupied or sought; 3) he was within the protected class at the … Once established, the prima facie case raises an inference of unlawful discrimination. Id.

United States v. Victor Hernandez-Montes

831 F.3d 284 · Court of Appeals for the Fifth Circuit · Jul 25, 2016

Hernandez-Montes urges that his conviction of attempted second-degree murder does not qualify as an enumerated offense under Section 2L1.2 cmt. n.1(B)(iii). … Martinez-Flores, 720 F.3d 293, 300–01 (5th Cir. 2013) (finding error where the district court “did not clearly state” whether it would have imposed the same sentence absent the erroneous guidelines range despite its reference

Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission

834 F.3d 562 · Court of Appeals for the Fifth Circuit · Aug 22, 2016

“Although the movant bears the burden of establishing its right to intervene, Rule 24 is to be liberally construed.” Id. (internal quotation marks omitted). … The Association has satisfied its “minimal” burden to establish that its interest is not adequately represented. Edwards v. City of Houston, 78 F.3d 983, 1005 (5th Cir. 1996).

Davis v. Board of School Commissioners

600 F.2d 470 · Court of Appeals for the Fifth Circuit · Aug 6, 1979

their individual actions on the merits: (1) the court improperly based the dismissals on consideration of the School Board’s motives; (2) purposeful racial discrimination was proved; (3) the court’s findings of fact were clearly … Even though their individual claims may be found to be meritless on remand, they have succeeded in establishing that the defendants exercised unlawful promotion practices against the group of applicants in general with regard