Case law

Karl Rove & Company v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, and Raymond P. Dimuzio, Defendant-Cross-Appellee

39 F.3d 1273 · Court of Appeals for the Fifth Circuit · Nov 30, 1994

Senate race and establishment of a principal campaign committee. … The RNC perceives these policy concerns to be somewhat analogous to those that prompted the development of the doctrine of official immunity and thus asks us to look by analogy to immunity jurisprudence in fashioning a federal

Dean Borst v. Chevron Corp.

36 F.3d 1308 · Court of Appeals for the Fifth Circuit · Dec 1, 1994

Instead, it offered employers the ability, if desired, to establish a qualified pension plan in which the employer, upon final termination, received the surplus assets. … In re Gulf Pension Litigation, 764 F.Supp. at 1192 . 18 . 26 U.S.C. § 401 (a)(2) establishes that a trust may be qualified "if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities

Thomas N. Harvey, Jr. v. United States

884 F.2d 857 · Court of Appeals for the Fifth Circuit · Oct 3, 1989

Although the FTCA generally waives the sovereign immunity of the United States and permits a plaintiff to sue the government, that Act contains several exceptions. … The Feres doctrine, established in Feres v.

United States v. Lendell Beacham

774 F.3d 267 · Court of Appeals for the Fifth Circuit · Dec 12, 2014

Occasionally, before approving a loan, a lender required the submission of a verification-of-rent form (VOR) to determine whether the borrower qualified. … Therefore, the district court did not clearly err in finding ten or more victims and imposing this sentence enhancement.

United States v. Miguel Tzep-Mejia

461 F.3d 522 · Court of Appeals for the Fifth Circuit · Aug 15, 2006

against a crime of violence enhancement, the PSIR ultimately recommended a 16 level enhancement as a result of the probation officer’s determination that a prior New York conviction for attempted assault in the first degree qualified … If Tzep was convicted of an attempted assault in the first degree under subsection 1 of the New York assault statute, the crime is a clearly a crime of violence under the Sentencing Guidelines. 4 Because Tzep did not plead

Durrett v. Vargas

Court of Appeals for the Fifth Circuit · Feb 21, 2001

Qualified Immunity Standard To determine whether Vargas is entitled to the protection afforded by qualified immunity, this court must engage in a two-part analysis. … Therefore, to succeed upo n his claim of qualified immunity, Vargas must demonstrate that terminating Durrett for refusing to withdraw the SBEC complaint was objectively reasonable in light of this clearly established law

John Roland Phelps v. United States

252 F.2d 49 · Court of Appeals for the Fifth Circuit · Feb 14, 1958

In some states she would qualify as his common-law wife. 2 Grace Moss testified that she and Phelps had been living together for a number of years in Illinois and in California. … Cobham’s misplaced hope for immunity that helped send Raleigh to the Tower is on the same level with the hope of some narcotic peddler or some other poor wretch to save his skin by laying the entire blame on a friend or close

Joe Grimes v. Harry Castleberry, D/B/A Castleberry Furniture Showroom

381 F.2d 758 · Court of Appeals for the Fifth Circuit · Jul 11, 1967

whose independent operations are clearly within the scope of the exemption. … for the ‘retail establishment’ exemption contained in Section 13(a) (2)”.

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Savannah Bank & Trust Company of Savannah

362 F.2d 857 · Court of Appeals for the Fifth Circuit · Jun 27, 1966

The Secretary asserts that “the management of the bank building as an integral part of defendant’s banking operations clearly serves the essential ‘auxiliary and service’ function of providing the Bank with the premises for … wholesale, trade, finance, insurance, real estate, transportation, communications, and public utilities, and business, accounting, and similar services * * *,” S.Rep. at 31, thus including a number of industries which would not qualify

Carlisle v. McNair

Court of Appeals for the Fifth Circuit · May 10, 2023

The district court concluded that McNair was entitled to qualified immunity, dismissing “all § 1983 claims for damages against McNair” with prejudice. … Appellants do not challenge the district court’s determination that McNair retained qualified immunity, which bars relief on the deliberate indifference claim.

United States v. Daniel Judon

567 F.2d 1289 · Court of Appeals for the Fifth Circuit · Feb 15, 1978

This requirement clearly is not met when the lawyer does not read back, or the witness does not read, what the lawyer has written. 425 U.S. at 110 n.19, 96 S.Ct. at 1348 . … If extrinsic evidence established this the report would be producible under subsection (e)(2).” 365 U.S. at 94 , 81 S.Ct. at 426 .

Friends of the Earth, Inc. v. Chevron Chemical Co.

129 F.3d 826 · Court of Appeals for the Fifth Circuit · Dec 10, 1997

RHESA HAWKINS BARKSDALE, Circuit Judge, dissenting: Because FOE did not have the requisite individual members in order to qualify for asspciational standing, I respectfully dissent. … , and easily establish its membership.

7 Fair empl.prac.cas. 627, 7 Empl. Prac. Dec. P 9233 R. L. Johnson, Plaintiff-Appellant-Cross v. The Goodyear Tire & Rubber Company, Synthetic Rubber Plant, Defendants-Appellees-Cross International Union of Operating Engineers, Afl-Cio, Local Union No. 347, Defendant-Appellee-Cross International Union of Operating Engineers, Afl-Cio, Local Union No. 347, Plaintiff-Cross v. The Goodyear Tire & Rubber Company, Houston Chemical Plant, Defendant-Appellee-Cross

491 F.2d 1364 · Court of Appeals for the Fifth Circuit · Mar 27, 1974

It is obvious to us that where employment discrimination has been clearly demonstrated, employees who have been victims of that discrimination must be compensated if financial loss can be established. … Southern Bell Telephone & Telegraph Company. 39 LeBlanc is clearly distinguishable factually from the instant case.

Rudy Vallado v. Mrs. Segovia

547 F. App'x 396 · Court of Appeals for the Fifth Circuit · Apr 22, 2013

The magistrate judge determined that Mendez was entitled to qualified immunity. * Pursuant to 5TH CIR. … Vallado has failed to show “conduct that would clearly evince a wanton disregard for any serious medical needs.” See Johnson v. Treen, 759 F.2d 1236, 1238 (5th Cir. 1985).

Anderson v. Napolitano

611 F.3d 275 · Court of Appeals for the Fifth Circuit · Jul 9, 2010

She argues that her petition should be granted because the administrative record fails to establish the necessary predicates for reinstatement of the removal order. … A Department of Homeland Security official found that Anderson qualified for reinstatement of the removal order against her and she was deported.

Jacksonville Maritime Association, Inc., Etc. v. International Longshoremen's Association, Etc.

571 F.2d 319 · Court of Appeals for the Fifth Circuit · Apr 17, 1978

But Buffalo Forge recognizes this, and it clearly envisions that such preliminary findings, for jurisdictional purposes, will continue where a Boys Markets injunction is appropriate. … It is understood and agreed that members of Local No. 1408-A shall be given employment if they are available and they can satisfactorily qualify as to physical fitness and experience.

United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, Deceased

331 F.2d 943 · Court of Appeals for the Fifth Circuit · May 6, 1964

The Facts Are Not Disputed January 1,1945, the Waterman Steamship Corporation established a noncontributory retirement plan for its employees and the employees of certain participating subsidiary corporations. … After thoroughly and clearly reciting the legislative history, this ruling states: “It is nevertheless the position of the Internal Revenue Service that Congress did not intend in Section 402 to discriminate against the employees

New York Guangdong Finance, Inc. v. Commissioner

588 F.3d 889 · Court of Appeals for the Fifth Circuit · Nov 20, 2009

For these reasons, the Tax Court was not clearly erroneous when it determined that Guangdong failed to establish reasonable cause for failure to file Forms 1042 for the years at issue. … The Tax Court’s finding that Guangdong was liable for addition to tax for each of years in issue was not clearly erroneous.

Andrews & Kurth L.L.P. v. Family Snacks, Inc. (In Re Pro-Snax Distributors, Inc.)

157 F.3d 414 · Court of Appeals for the Fifth Circuit · Oct 20, 1998

The Petitioning Creditors claim that in combination these two provisions allow compensation to an individual debtor’s attorney in a Chapter 12 or 13 case for “actual, necessary services;” establish that the word “attorney … established and uniform; and/or (3) that the legislative history of the 1994 amendments indicates a congressional desire that pre-1994 practice with respect to § 330 be “brought forward.”

Houston Aquarium, Incorporated v. OSHC

965 F.3d 433 · Court of Appeals for the Fifth Circuit · Jul 15, 2020

See 29 WRIGHT & MILLER, FEDERAL PRACTICE & PROCEDURE § 6264.3 (2d ed. 2019) (“[T]he party proffering a witness as an expert has the burden of laying a foundation that establishes the witness is qualified.”). … Feeding and cleaning animal tanks at an aquarium are activities clearly distinguishable from any of the listed activities, which are typically associated with construction and industrial work.