Case law

Alvarez-Hernandez v. Acosta

401 F.3d 327 · Court of Appeals for the Fifth Circuit · Feb 17, 2005

The regulation provides that an alien seeking relief must establish that he or she: 19 Our court has recognized the importance placed by the Supreme Court upon protecting the reliance interests of aliens … section 212(c) relief under the standards that were in effect at the time the alien’s plea was made, regardless of when the plea was entered by the court.20 The third requirement clearly

Kenneth A. Plante v. Larry Gonzalez, Etc., Jon C. Thomas v. Larry Gonzalez, Etc.

575 F.2d 1119 · Court of Appeals for the Fifth Circuit · Jun 30, 1978

Persons seeking to qualify as candidates for public office shall file their statements of financial interests with the officer before whom they qualify. (3) The statement of financial interests for state officers, specified … Subsection (f) establishes an independent commission to investigate and report alleged abuses. This commission, is later identified as the Florida Commission on Ethics, established by the 1974 legislation.

Andricka Stewart v. Waco Independent School Dist

Court of Appeals for the Fifth Circuit · Mar 15, 2013

“To establish a prima facie case of discrimination under the ADA, [a plaintiff] must demonstrate: (1) that she is a qualified individual within the meaning of the ADA; (2) that she was excluded from participation in, or was … the first three incidents.10 But, “the fact that measures designed to stop harassment prove later to be ineffective does not establish that the steps taken were clearly unreasonable in light of the circumstances known

Compania Anonima Venezolano De Navegacion v. William H. Matthews

371 F.2d 971 · Court of Appeals for the Fifth Circuit · Mar 2, 1967

The following facts, as found by the district court, were clearly established by the evidence: II. The libellant was engaged in the stowage of cargo in one of the hatches of said vessel. III. … A qualified expert on seamanship testified without contradiction that the method employed by the respondent herein on the date of libellant’s injury was unsafe. X. J. P. Florio & Co.

W. Thcker Blaine, Sr. v. United States

441 F.2d 917 · Court of Appeals for the Fifth Circuit · Jun 21, 1971

United States brings this appeal contending that insurance expirations are goodwill of an insurance agency and not depreciable as a matter of law, and even if they are depreciable the finding of a useful life of six years is clearly … United States where it was said: To qualify intangible property for amortization, taxpayers had the burden of establishing that it was of use in the business for only a limited time and that the length of this period was

Flt Training Intl v. FAA

58 F.4th 234 · Court of Appeals for the Fifth Circuit · Jan 24, 2023

The issue, then, is whether the latter set of criteria, under § 61.157(b), are subsumed by the former set of criteria, established by the Must-Issue Rule. … While it requires curricula to meet certain standards, such as those pertaining to who may serve as a training instructor or evaluator, see, e.g., id. §§ 142.47, 142.55, it does not clearly show that one who qualifies

Collins v. Martzell, Thomas & Bickford

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.

United States v. L.J. Garner and Tommie N. Garner

767 F.2d 104 · Court of Appeals for the Fifth Circuit · Jul 19, 1985

In establishing a program of *112 indefinite duration requiring annual appropriations, Congress is more apt to use permissive terms notwithstanding the fact that the duty of the agency to implement the program is clearly … Rather, the Secretary was given limited discretion to establish the criteria for refinancing.

National Labor Relations Board v. Bush Hog, Inc.

405 F.2d 755 · Court of Appeals for the Fifth Circuit · Dec 26, 1968

Likewise, the Respondent’s charge that the Board was so partial and biased as to deny the Respondent a fair hearing has not been established. II. … Thus, the appeals to racial prejudice clearly violated section 8(a) (1). 3 . In a totally disconnected case, United States v.

Mcneily v. United States

6 F.3d 343 · Court of Appeals for the Fifth Circuit · Dec 8, 1993

However, it alleges that Wescot served as the Income Fund's "independent qualified advisor" in connection with all six March/April purchases. In addition, Thomas C. … In any event, these allegations are vague and too conclusory to break down the sovereign immunity of the United States.

Seoane v. Ortho Pharmaceuticals, Inc.

660 F.2d 146 · Court of Appeals for the Fifth Circuit · Nov 2, 1981

POLITZ, Circuit Judge: This appeal presents the question of the constitutionality of the medical malpractice review panel procedure established by Louisiana Revised Statutes 40:1299.41-47. … The statutes clearly prescribe that the panel’s report constitutes no more than expert opinion evidence, 3 the use of which is not incompatible with the seventh amendment.

Lisa Chamberlin v. Marshall Fisher, Commissioner

855 F.3d 657 · Court of Appeals for the Fifth Circuit · Apr 27, 2017

Those are when the state court adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States … Both Hayes and Drain granted habeas relief under section (d)(1) because the trial courts in those cases conducted comparative juror analysis but failed to follow the Supreme Court’s clearly established protocol for doing

Carty v. TX Dept of Pub Sfty

Court of Appeals for the Fifth Circuit · Dec 21, 2009

Callahan, 129 S.Ct. 808, 813 (2009) (“[P]etitioners are entitled to qualified immunity on the ground that it was not clearly established as the time of the search that their conduct was unconstitutional.”). 5 … I do not suggest that there must be a judicial decision “on all fours” before the law is clearly established for the purposes of official immunity. The Supreme Court observed in Hope v.

Willie R. Smith v. Everett E. Price, Chief of Police, Athens, Georgia, and City of Athens Personnel Board, City of Athens, Georgia

616 F.2d 1371 · Court of Appeals for the Fifth Circuit · May 16, 1980

Thus, both the serious nature of Smith’s offenses and the fact that each offense was punishable by dismissal was clearly established at trial. … The rule concerning loitering in uniform clearly gave fair notice that Smith’s conduct was proscribed.

Hoover v. Johnson

193 F.3d 366 · Court of Appeals for the Fifth Circuit · Oct 29, 1999

unreasonable application of, clearly yes, that’s what happened, we all agree established Federal law, as determined that that overt act is true and correct by the Supreme Court of the … See Daniel v. which might qualify as the overt act required State, 704 S.W.2d 952 (Tex. App. SSFort by the definition of the crime charged; the Worth 1986, no pet.) (citing Vasquez v.

Ruben Navarro v. United States

400 F.2d 315 · Court of Appeals for the Fifth Circuit · Aug 8, 1968

Clearly, then, the operation which led to the discovery of the drugs can be described only as a “federal search.” II. … The district judge below stated, with regard to the constitutional issue, “that this procedure just barely qualifies.” 2 .

Nichols Ex Rel. Alcatel Network Systems Salaried Retirees Benefit Program v. Alcatel USA, Inc.

532 F.3d 364 · Court of Appeals for the Fifth Circuit · Jun 20, 2008

“A preliminary injunction is an ‘extraordinary remedy’ and should only be granted if the plaintiffs have clearly carried the burden of persuasion on all four requirements.” Id. … In Musmeci, a panel of this Court held that grocery vouchers qualified as retirement income. 332 F.3d at 345.

Beaty v. Weinberger

478 F.2d 300 · Court of Appeals for the Fifth Circuit · Apr 23, 1973

Clearly the Court did not believe that proving dependency and parentage, when proof of both was necessarily a prerequisite to recovery, presented difficulties sufficient for the State to justify excluding a class of illegitimates … For a discussion of methods of establishing parentage, see Note, Illegitimacy : Equal Protection and How to Enjoy It, 4 Ga.L.Rev. 383 (1970). .

Phillips v. Whittington

Court of Appeals for the Fifth Circuit · Mar 15, 2022

The qualified immunity inquiry has two prongs: (1) “whether the officer’s alleged conduct has violated a federal right” and (2) “whether the right in question was ‘clearly established’ at the … Moreover, to lose his claim of qualified immunity, ADA Holland must have violated law that is clearly established, and the Phillipses have not directed this court to any case that demonstrates a prosecutor may not

Robert F. Timmel v. Lyman Phillips, M.D.

799 F.2d 1083 · Court of Appeals for the Fifth Circuit · Sep 17, 1986

Moreover, the procedures used in the jury selection process are clearly set forth in the Plan for jury selection. … Regarding the disclosure of juror names, the Plan provides: In each division of this district, the names of prospective grand jurors and/or petit jurors drawn from the Qualified Jury Wheel shall not be disclosed prior to