Case law

Christian S. Nielsen v. United States

976 F.2d 951 · Court of Appeals for the Fifth Circuit · Nov 9, 1992

The trial court’s factual findings were not clearly erroneous. … Certainly, the trial court did not commit legal error in utilizing such testimony to establish intent.

In Re Texas City Disaster Litigation

197 F.2d 771 · Court of Appeals for the Fifth Circuit · Jun 10, 1952

. * * * Its effect is to waive immunity from recognized causes of action and was not to visit the Government with novel and unprecedented liabilities.” Feres v. U. … Determination of bagging temperatures was clearly within the discretion of the proper officers.

Andrew Amsel v. Texas Water Development Bd

464 F. App'x 395 · Court of Appeals for the Fifth Circuit · Mar 19, 2012

Garrett, 531 U.S. 356, 363-64 (2001), immunizes TWDB from suit under the ADA for money damages. … Because Amsel was not a “qualified individual” with a disability, he cannot establish a prima facie case of disability discrimination under the ADA or the Rehabilitation Act.

Duncan v. Cain

278 F.3d 537 · Court of Appeals for the Fifth Circuit · Jan 18, 2002

The district court found that the state court’s holding did not involve an unreasonable application of clearly established federal law, as determined by the Supreme Court. … That is, we defer to the state court’s adjudication unless it 1) was contrary to or involved an unreasonable application of clearly established federal law as determined by the Supreme Court, or 2) constituted unreasonable

Bon Air Hotel, Inc. v. Time, Inc. And Dan Jenkins

426 F.2d 858 · Court of Appeals for the Fifth Circuit · May 6, 1970

statement was made with actual malice. 15 We thus proceed to an examination of the record, viewing it and the inferences which might be drawn therefrom in the light most favorable to Bon Air, 16 to ascertain whether “the record established … These statements are clearly not 100% accurate.

Jones v. Pillow

189 F. App'x 304 · Court of Appeals for the Fifth Circuit · Jun 22, 2006

Next Jones asserts the defendant officers were not entitled to qualified immunity for the entry, search, and arrest claims. … Likewise, we need not consider whether the officers have qualified immunity for the arrest claim because Jones has failed to show summary judgment was improper on the merits of that claim.

Boggs v. Boggs

89 F.3d 1169 · Court of Appeals for the Fifth Circuit · Jul 18, 1996

Thus ERISA's survivor annuity rules unquestionably established protection of spouses as the top priority under the statute. … The district court's first reason seems anachronistic at best, and clearly inapposite.

Rev. Roy Jones v. The City of Lubbock

730 F.2d 233 · Court of Appeals for the Fifth Circuit · Apr 10, 1984

Brischetto’s study and its attempt to show responsiveness, I agree with Judge Randall that the record is not so barren as to render clearly erroneous the finding by the district court that bloc voting was established. . … While a “consistent lack of success of qualified black candidates” may be relevant in proving bloc voting, by itself this cannot be sufficient, unless one pours more meaning into "consistent” and "qualified” than their usually

In Re Horseshoe Entertainment

337 F.3d 429 · Court of Appeals for the Fifth Circuit · Sep 10, 2002

The first issue that a district court must address in ruling on a motion to transfer under § 1404(a) is the question of whether the judicial district to which transfer is sought qualifies under the applicable venue statutes … We recognize that in rare and special circumstances a factor of “delay” or of “prejudice”. might be relevant in deciding the propriety of transfer, but only if such circumstances are established by clear and convincing evidence

Welsh v. Lamb County

Court of Appeals for the Fifth Circuit · May 15, 2025

The district court accepted Hester’s qualified immunity defense on the basis that no constitutional violation had been shown. … “The plaintiff must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding the reasonableness of the official

Cantieri Navali Riuniti v. M/V Skyptron

802 F.2d 160 · Court of Appeals for the Fifth Circuit · Oct 14, 1986

We also affirm the district court’s *166 conclusion that the appellees’ claims qualify under the provisions of Article 2. … The district court applied United States law to determine the status of Lucifer’s mortgage. 46 U.S.C. § 974 clearly allows a mortgagee to waive its preferred status. .

Lucille Jeffrey, on Their Behalf and on Behalf of All Others Similarly Situated v. Southwestern Bell

518 F.2d 1129 · Court of Appeals for the Fifth Circuit · Sep 8, 1975

Presented with an accounting of the utility’s financial dealings, the municipality establishes intra-city rates to be charged subscribers. … Appellants are clearly consumers of the telephone company’s services, and they allege injury through the payment of unreasonably high rates.

United States v. Drew Carter Cook

414 F.2d 221 · Court of Appeals for the Fifth Circuit · Jul 31, 1969

A ministerial exemption is a matter of legislative grace, and Cook, the registrant, bore the burden of clearly establishing the right to the exemption. Dickinson v. … Under the evidence presented, he clearly did not carry the burden of establishing the right to the ministerial exemption. Dickinson v. United States, supra.

National Labor Relations Board v. Riley-Beaird, Inc.

681 F.2d 1083 · Court of Appeals for the Fifth Circuit · Aug 6, 1982

To convince the employees that they would not be immune from such occurrences at Riley-Beaird, they reviewed the company’s history of labor relations, focusing on four plants. … Although the record certainly provides the *1088 barest sort of support for the ALJ’s credibility choices, we cannot say that they are clearly erroneous.

United States v. Dale

374 F.3d 321 · Court of Appeals for the Fifth Circuit · Jun 21, 2004

The above outlined evidence is clearly sufficient to support a conclusion that Spencer knew of the fraudulent nature of the scheme and intended to participate. … The investment programs Progressive offered to investors, although fraudulent, clearly fall within the definition of a security.

Murray v. West

178 F.3d 1290 · Court of Appeals for the Fifth Circuit · Mar 29, 1999

The district court concluded that all four defendants enjoyed qualified immunity * Pursuant to 5TH CIR. … Langston is thus entitled to qualified immunity. A fortiori, so are the other defendants, whose involvement was no greater than Langston’s.

35 Fair empl.prac.cas. 697, 35 Empl. Prac. Dec. P 34,582 Henry Irby, Cross-Appellees v. Mike Sullivan, Jr., Cross-Appellants

737 F.2d 1418 · Court of Appeals for the Fifth Circuit · Aug 6, 1984

The district court’s finding to this effect was not clearly erroneous. IV. … The trial record does not clearly establish whether Reyes even knew of the EEOC complaint before Brown’s dismissal. 16 .

Robert Garcia v. United States

88 F.3d 318 · Court of Appeals for the Fifth Circuit · Jul 3, 1996

and the West-fall Act was designed to assure that this question could be aired in a federal fo-rum_ Because a ease under the West-fall Act thus “raises [a] questio[n] of substantive federal law at the very outset,” it “clearly … See Verlinden, 461 U.S. at 491 & 497, 103 S.Ct. at 1970 & 1973 (Foreign Sovereign Immunities Act grant to “federal courts [of] subject-matter jurisdiction over . -.. civil actions by foreign plaintiffs against foreign sovereigns

In Re: Naoise Ryan

88 F.4th 614 · Court of Appeals for the Fifth Circuit · Dec 15, 2023

The STA “assure[s] . . . speedy trial[s]” by establish- ing time limits for a trial to commence once criminal charges have been filed. See 18 U.S.C. § 3161. … Kyl) (explaining that the “clear intent and expectation of Congress” was for district courts to “giv[e] meaning to the [CVRA] rights we establish”).

William M. Lavender v. V & B Transmissions & Auto Repair, Tony Ray Morton v. V & B Transmissions & Auto Repair

897 F.2d 805 · Court of Appeals for the Fifth Circuit · Apr 6, 1990

whose resolution was not clearly foreshadowed.” … But until the plaintiff has actually qualified and applied for a promotion, a termination does not involve the opportunity to enter into a new contract. See Patterson, 109 S.Ct. at 2378 . III.