Case law

Byers v. City of Eunice

157 F. App'x 680 · Court of Appeals for the Fifth Circuit · Dec 1, 2005

5 that then clearly established law”. … clearly established law.

United States v. Hare

150 F.3d 419 · Court of Appeals for the Fifth Circuit · Aug 5, 1998

The district court did not clearly err by crediting this evidence. 5. … because the Government failed to establish a nexus between the firearm and the drug trafficking offense.

Guzman v. Stoudt

208 F. App'x 362 · Court of Appeals for the Fifth Circuit · Dec 8, 2006

First, the court asks whether the plaintiff has alleged a violation of a clearly established constitutional right. Id. at 322-23. … If so, the court must then decide whether the defendant’s conduct was objectively reasonable in light of the clearly established law at the time of the incident. Id. at 323.

Loeber v. Bay Tankers, Inc.

924 F.2d 1340 · Court of Appeals for the Fifth Circuit · Mar 6, 1991

Because the REGULUS was a vessel on navigable water and allegedly caused the injuries to the plaintiffs while they were on an adjacent dock, the AEA clearly applies. See Turner Terminals, Inc. v. … In contrast, waiver of sovereign immunity is not an issue in the Loebers' action, their claims against the United States having been dismissed.

Bejil v. Ethicon, Inc.

269 F.3d 477 · Court of Appeals for the Fifth Circuit · Oct 2, 2001

Ethicon increased its regimen in 1997 and 1998 in order to qualify for an ISO 9000 certification, which it needed to sell its products in Europe. … shall not be set aside unless clearly erroneous . . . .” Fed.R.Civ.P. 52(a).

Lewis v. Crochet

105 F.4th 272 · Court of Appeals for the Fifth Circuit · Jun 17, 2024

On June 16, 2022, the district court dismissed the RICO claims against Appellants because Lewis’s claims were time-barred and she failed to establish proximate causation. … Conclusion In sum, the district court clearly erred in holding that Lewis established a prima facie case that the Board violated La.

John Russell Webster, Cross-Appellants v. The City of Houston, Cross-Appellee

735 F.2d 838 · Court of Appeals for the Fifth Circuit · Aug 9, 1984

Testimony at trial indicated that the “Joyvies” case involved the use of a throw down gun, so it would clearly have been relevant. … In that case, the Supreme Court squarely held that a municipality is immune from punitive damages in a § 1983 claim.

Bayou Fleet Partnership, Plaintiff-Appellant/cross-Appellee v. Dravo Basic Materials Company Incorporated, Defendant-Appellee/cross-Appellant, Dravo Corporation, Defendant-Appellee/cross-Appellant. Dravo Basic Materials Company, Inc., Plaintiff-Appellee/cross-Appellant v. Bayou Fleet, Incorporated, And/or Bayou Fleet Partnership, Defendant-Appellant/cross-Appellee

106 F.3d 691 · Court of Appeals for the Fifth Circuit · Mar 5, 1997

Dravo established the aggregate yard to store, stockpile, and sell limestone extracted from quarries in Illinois and Kentucky and transported down the Mississippi River to the yard. 3 Dravo established three stockpiles of … The loose stockpiles of limestone were not; nor do they qualify as an immovable under any other applicable provision of the Civil Code.

Sanchez v. Perez

161 F.3d 8 · Court of Appeals for the Fifth Circuit · Oct 8, 1998

PER CURIAM:* Juan Jorge Sanchez, Texas prisoner § 577512, argues that the magistrate judge erred in determining that the defendants were entitled to the defense of qualified immunity based on a clearly erroneous

Deborah Biles, Administratrix of the Estate of Dennis B. Biles, Plaintiff v. United States

848 F.2d 661 · Court of Appeals for the Fifth Circuit · Jul 8, 1988

The pilots, however, elected to undertake a VFR flight despite the warning and the fact that the pilots were qualified and the aircraft was equipped for IFR, instrument flight rules, flight. … To the extent subsidiary findings of fact inform the court’s conclusion concerning duty, they are reviewed under the clearly erroneous standard. See Daley, 792 F.2d at 1085 , Miller v.

Brandon LaVergne v. Michael Vaughn

Court of Appeals for the Fifth Circuit · Mar 12, 2020

First, LaVergne has not shown that the “mail block” violated clearly established law. See McCreary, 738 F.3d at 655-56. … Accordingly, we are unpersuaded that the district court erred in granting summary judgment based on qualified immunity with respect to his constitutional challenges to the mail block.

Carey v. Lykes Bros. Steamship

455 F.2d 1192 · Court of Appeals for the Fifth Circuit · Feb 23, 1972

At trial Carey introduced evidence tending to establish the following sequence of events. … Ryan’s final argument on this appeal is to the effect that the jury’s verdict was clearly excessive and that a remittitur should be granted.

Alton J. BAILEY, Plaintiff-Appellant, v. RYAN STEVEDORING COMPANY INC., Et Al., Defendants-Appellees

528 F.2d 551 · Court of Appeals for the Fifth Circuit · Jun 17, 1976

The trial court concluded that “[t]he facts of this case clearly establish that the claims of [appellant] are individual in nature and the issues raised by him are not issues common to any definable class too numerous to … Appellant never applied for admission to the available training programs necessary to qualify for placement in the skilled positions such as crane operator, winch operator and dozer operator.

Texas Medical Association v. HHS

Court of Appeals for the Fifth Circuit · Aug 2, 2024

The “qualifying payment amount” (“QPA”). See id. § 300gg-111(c)(5)(C)(i)(I). … As they correctly note, activities clearly contemplated by that provision include identifying the type of notice required to commence arbitrations, 45 C.F.R. § 149.510(b)(2)(iii), setting up an online portal for

Lawrence R. Alberti, Cross-Appellants v. Johnny Klevenhagen, Cross-Appellees

896 F.2d 927 · Court of Appeals for the Fifth Circuit · Mar 21, 1990

We are not persuaded that the district court’s finding that Oitzinger expended the claimed hours is clearly erroneous. See City of Riverside v. … Defendants’ response was: "This case does not qualify as complex litigation.” The district court addressed this argument, however, so it is properly before us.

United States v. Ricardo "Ricky" Vela

673 F.2d 86 · Court of Appeals for the Fifth Circuit · Apr 2, 1982

In today’s case, the prosecution’s demand and the surrounding circumstances known to Vela clearly apprised Vela of the manner in which the rule was being invoked. … Clearly, the notice-of-alibi procedure is not intended to serve the office of such a bill.

The American Association Of Councils Of Medical Staffs Of Private Hospitals, Inc. v. Califano

575 F.2d 1367 · Court of Appeals for the Fifth Circuit · Jul 7, 1978

To avoid that, the Act requires that each hospital or skilled nursing facility must have in effect a "utilization review plan" to qualify as a provider. 42 U.S.C. § 1395x(e)(6), (j)(8). … It urged that the Secretary had no power to establish mandatory preferences among the methods allowed by the statute.

Hospitality Hse Inc v. Gilbert

Court of Appeals for the Fifth Circuit · Aug 28, 2002

Real Parties in Interest, 259 F.3d 387, 391 (5th Cir. 2001) (noting that “[w]ith appellate jurisdiction [over the state’s interlocutory appeal of the denial of Eleventh Amendment immunity] established,” it was proper “ … We thus conclude that to make a settlement agreement part of a dismissal order by incorporation, Kokkonen requires a district court to clearly indicate its intention within the dismissal order itself by expressly incorporating

Texas Manufactured Housing Ass'n v. Nederland

101 F.3d 1095 · Court of Appeals for the Fifth Circuit · Dec 26, 1996

Plaintiffs claimed that defendants' actions amounted to a constitutional tort as well as a denial, under the United States Constitution, of substantive due process, equal protection, just compensation, privileges and immunities … The evidence in this case does not establish this specific, key fact.

Catherine Foster, on Behalf of Themselves and All Others Similarly Situated v. James L. Sparks, Etc.

506 F.2d 805 · Court of Appeals for the Fifth Circuit · Jan 20, 1975

Swain then, established a 10-15% tolerance in race cases. … The Court concluded that these disparities did not establish a prima facie case. • 65 . See Thiel v. Southern Pacific Co., supra; Labat v.