Case law

Bituminous Casualty Corporation v. Vacuum Tanks, Inc.

975 F.2d 1130 · Court of Appeals for the Fifth Circuit · Oct 22, 1992

This was clearly impossible in the present case. Where the actual policy is not available, the terms of the contract can also be shown by secondary evidence. … In this case there was no evidence of any bad faith on the part of VTI, and secondary evidence of the policy terms would have clearly been admissible.

United States v. Richard Daniel Freeman, Robert Temp and Alaine Carter Temp, Defendants

619 F.2d 1112 · Court of Appeals for the Fifth Circuit · Jun 25, 1980

Temp 1 established and ran the CPC office in Texas; she approved all correspondence, read all incoming mail, and reviewed the accounting books. Mr. … The attorney sought to show appellants’ good faith in selling leases by testifying that they qualified the investment packages under the California securities law.

Crawford v. Hinds Cty Bd of Supr

1 F.4th 371 · Court of Appeals for the Fifth Circuit · Jun 16, 2021

Title II of the ADA says that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a … Furlough cannot . . . establish standing retroactively.”). Crawford’s theory of standing complies with these established principles.

Central Power & Light Co. v. United States

634 F.2d 137 · Court of Appeals for the Fifth Circuit · Dec 15, 1980

However, this so-called pure profit should be clearly distinguished from opportunity costs. … In this case, there has been an investigation of market dominance and jurisdiction is clearly established under § 10709(b) establishing judicial review over determinations of market dominance. .

Watkins v. Texas Department of Criminal Justice

269 F. App'x 457 · Court of Appeals for the Fifth Circuit · Mar 12, 2008

To rebut this justification, Watkins is required to show that he was “clearly better qualified” for those positions. Manning v. Chevron Chem. Co., LLC, 332 F.3d 874, 882 (5th Cir. 2003) (citations omitted). … Further, they assert that they are entitled to qualified privilege and state law official immunity.

Wingfield v. Adekoya

Court of Appeals for the Fifth Circuit · Aug 8, 2025

provided infra (and, in the alternative, that Adekoya was entitled to qualified immunity). … In any event, Wingfield did not establish an ADA violation.

United States of America Ex Rel. David P. Weinberger, and David P. Weinberger, Esq., Individually v. Equifax, Inc. (Formerly Retail Credit Company)

557 F.2d 456 · Court of Appeals for the Fifth Circuit · Aug 12, 1977

Equifax’s credit-reporting activities qualify it as a consumer reporting agency under the Fair Credit Reporting Act. … But to establish that Equifax committed fraud in this manner, Weinberger first must demonstrate that the government was misled by Equifax’s application for the reporting business.

Hedrick v. Hercules, Inc.

658 F.2d 1088 · Court of Appeals for the Fifth Circuit · Oct 15, 1981

Little, who was chairman of the Reorganizational Planning Committee, that Hedrick was not qualified for the position of Regional Plant Manager. … The trial judge carefully considered the factors set forth in Johnson and clearly articulated his findings and reasons for the award.

Point Landing, Inc. v. Omni Capital International, Ltd.

795 F.2d 415 · Court of Appeals for the Fifth Circuit · Jul 25, 1986

When there is a hiatus in the Federal Rules the district court may establish its own ad hoc rule, provided that it is fair and reasonable and not inconsistent with any of the express rules. … Service was effected under Rule 4(d)(3), but the court clearly expanded the scope of its minimal contact inquiry to the national forum.

Castaneda v. Pickard

781 F.2d 456 · Court of Appeals for the Fifth Circuit · Jan 28, 1986

2736 , 53 L.Ed.2d 768 (1977), the Supreme Court held that the proper comparison in a case involving school teachers was 25 between the racial composition of [the district's] teaching staff and the racial composition of the qualified … The district court deemed the 16.04% statistical differential sufficient to establish a prima facie case of unlawful discrimination.

S.D. Ex Rel. Dickson v. Hood

391 F.3d 581 · Court of Appeals for the Fifth Circuit · Nov 16, 2004

The 1989 amendment was clearly a response to the disappointing performance of the EPSDT treatment function as optional and within each state’s discretion. … Section 1983 provides a cause of action against state officials for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” but does not provide a mechanism through

Jacobsen v. Moser

Court of Appeals for the Fifth Circuit · Jul 12, 2010

The court found that Jacobsen’s right to dismiss the Chapter 13 case was qualified by an exception for bad faith, id. at 810–11, that Jacobsen’s conduct established bad faith, id. at 811, and that Jacobsen’s bad faith constituted … “Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Id.

Mary Harville v. City of Houston, Mississippi

935 F.3d 404 · Court of Appeals for the Fifth Circuit · Aug 16, 2019

Green. 10 Under that framework, Harville has the initial burden to establish a prima facie case of discrimination—she must produce evidence that she (1) is a member of a protected class, (2) was qualified for the position … While she highlights her experience in the office, she cannot show that she was “clearly better qualified” than Sanford given Sanford’s education and experience. 38 Even if Harville could establish a prima facie case, and

Cathryn Stout v. Albert Santa Cruz

Court of Appeals for the Fifth Circuit · Feb 9, 2018

then clearly established law.” … An official’s qualified immunity defense prevails “[i]f no constitutional right would have been violated were the allegations established.” Saucier, 533 U.S. at 201.

Jason Medina v. Amadeo Ortiz

623 F. App'x 695 · Court of Appeals for the Fifth Circuit · Aug 24, 2015

Bravo and Neri asserted qualified immunity as to the excessive force claims, and also denied any involvement in Medina’s subsequent medical care that could give rise to an Eighth Amendment violation. … The district court had not authorized this interlocutory appeal, nor had either deputy appealed the denial of qualified immunity.

Stevens v. Epps

618 F.3d 489 · Court of Appeals for the Fifth Circuit · Sep 7, 2010

In order to be qualified as a competent juror, residency in the county is required .... … Furthermore, we may not grant habeas relief unless the Mississippi Supreme Court’s adjudication of Stevens’s Batson claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established

United States v. Wright

211 F.3d 233 · Court of Appeals for the Fifth Circuit · May 1, 2000

To establish a violation of 18 U.S.C. … Because this use of special skills did further the conspiracy, it was not clearly erroneous for the district court to apply the enhancement.

Bickham Lincoln-Mercury Incorporated v. United States

168 F.3d 790 · Court of Appeals for the Fifth Circuit · May 4, 1999

The district court was not clearly erroneous in determining that civil penalties were not prohibited by the plea agreement. … However, the plea agreement does not state that Bickham is immune from civil liability pursuant to Section 6721. In fact, there is no mention of civil liability in the plea agreement.

Leete v. Director, Office of Workers' Compensation Programs

790 F.2d 418 · Court of Appeals for the Fifth Circuit · May 23, 1986

Second, considering only that evidence which is relevant to the determination of the conjugal nexus, Mary Jane Leete qualifies as a deserted wife under existing Supreme Court and Fifth Circuit precedent as a matter of law … Such conduct clearly could demonstrate a factual basis for a finding that the claimant made a conscious decision to sever the conjugal nexus.

Aubrey Ray, Cross-Appellee v. Iuka Special Municipal Separate School District, Tishomingo County Special Municipal Separate School District

51 F.3d 1246 · Court of Appeals for the Fifth Circuit · May 16, 1995

A reasonable jury clearly was entitled to believe Ray and his evidence and to disbelieve the School District’s evidence if it chose to. Clearly it did. … We point out in particular that the record establishes that many of the board members knew about the EEOC claim. Moreover, Dr.