Case law

Woods v. Chapman

239 F. App'x 35 · Court of Appeals for the Fifth Circuit · Jun 7, 2007

immunity,” McGrew v. … so that they will protect parolees’ due pro- cess rights, and for failing to establish proper procedures for the timely release of parolees.

W. D. Haden Company v. Commissioner of Internal Revenue

321 F.2d 169 · Court of Appeals for the Fifth Circuit · Aug 29, 1963

Quartzite Stone Co., 10th Cir., 1959, 273 F.2d 738 . 5 Further, the principle is clearly established that, where a particular mineral is subject to either of two commercial designations, the specific classification will control … The appellant was well-established in its business, whereas *174 Edgar had been out of business since the early years of World War II.

Candies Towing Co. v. M/V B & C Eserman

673 F.2d 91 · Court of Appeals for the Fifth Circuit · Apr 12, 1982

Ensnared in the rigging of the clearly erroneous rule, we affirm the factual findings and decree but modify in one important respect. … The extensive repair work done on OC-250, according to expert testimony, established such a weakness.

United States v. Gilberto Pablo Alvarez

584 F.2d 694 · Court of Appeals for the Fifth Circuit · Nov 20, 1978

Recent decisions of our court have not qualified the requirement that the admission of coeonspirator’s hearsay be predicated upon independent evidence implicating the defendant. E. g., United States v. … Examining the record, we conclude that the trustworthiness of Lopez’ testimony has not been sufficiently established.

Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George Wilmot

791 F.2d 1156 · Court of Appeals for the Fifth Circuit · Jun 11, 1986

GARZA, Circuit Judge: On November 22, 1982, Rayford Price and Barbara Ashley Price (the “Prices”) established a brokerage account with Drex-el, Burnham Lambert, Inc. … Substantially invoking the litigation machinery qualifies as the kind of prejudice ... that is the essence of waiver. Id. at 269 .

Juan Torres v. S.G.E. Management, L.L.C., e

805 F.3d 145 · Court of Appeals for the Fifth Circuit · Oct 16, 2015

To establish a civil RICO violation here, the plaintiffs must demonstrate proximate causation. 9 Although they need not necessarily prove first-party reliance, the plaintiffs “must establish at least third-party reliance … And this, in turn, immunizes such illegal schemes from any judicial challenge because individual losses can never justify solo litigation of such claims. A.

Yan v. State of Texas

Court of Appeals for the Fifth Circuit · Aug 20, 2026

Financial structuring can qualify as a predicate act, id. § 1961(1)(E) (including acts indictable under the Currency and Foreign Transactions Reporting Act), but it nonetheless “sound[s] in fraud” for pleading purposes because … Sovereign Immunity Bars the Claims Against Texas Yan correctly concedes in his reply brief that his claims for declaratory and injunctive relief against Texas are barred by sovereign immunity

Wheeler v. BL Development Corp.

415 F.3d 399 · Court of Appeals for the Fifth Circuit · Jun 29, 2005

To establish a prima facie case of discrimination under § 1981, Appellants must establish that they: (1) are members of a protected group; (2) were qualified for the position held; (3) were … Clearly, under McDonnell Douglas, we need not reach this second issue if we conclude Appellants did not first establish a prima facie case of discrimination. See Byers v.

United States v. Cong Van Pham

722 F.3d 320 · Court of Appeals for the Fifth Circuit · Jul 8, 2013

Flores-Ortega, the Supreme Court elucidated how the Strickland test applies in the context of counsel’s failure to file an appeal “when the defendant has not clearly conveyed his wishes [regarding an appeal] one way or the … With that established, we next assess whether counsel’s failure to consult breached a constitutional duty.

Harold Glenn Pate v. United States

243 F.2d 99 · Court of Appeals for the Fifth Circuit · Mar 27, 1957

All that the act and regulations require in order for one to qualify as a minister and to receive the classification is that the ministry be his vocation, not an incidental thing in his life. … Since such date he has been recognized by this Society as qualified to represent it in such capacity.

10 Fair empl.prac.cas. 1386, 10 Empl. Prac. Dec. P 10,320 Jessie Stevenson, Etc. v. International Paper Company, Mobile, Alabama

516 F.2d 103 · Court of Appeals for the Fifth Circuit · Jul 16, 1975

Plaintiffs attack the district court’s conclusions as clearly erroneous factually and as based on incorrect legal analysis. A. Testing Requirements for Maintenance Craft Positions. … scores on the batteries, or the comparative qualifying rate of black and white applicants on the company’s test batteries.

Equal Employment Opportunity Commission v. BDO USA, L.L.P.

876 F.3d 690 · Court of Appeals for the Fifth Circuit · Nov 16, 2017

“The clearly 1 BDO argues that the district court did not have discretion to consider Bower’s declaration because the EEOC did not submit the declaration to the magistrate judge. … each element of the privilege or immunity that is claimed.’”)

Mesa Operating Limited Partnership v. Louisiana Intrastate Gas Corporation

797 F.2d 238 · Court of Appeals for the Fifth Circuit · Aug 18, 1986

Where the price established in the contract is the amount established as the maximum lawful price by the Natural Gas Policy Act of 1978, § 6.1, we may presume the commerce is under regulation by an agency created by Congress … Under the arbitration *245 provision, the arbitrators must be qualified by education and experience to deal with the disputed issue. § 8.3.

Brown v. Bunge Corporation

207 F.3d 776 · Court of Appeals for the Fifth Circuit · Mar 28, 2000

To establish this prima facie case, the plaintiff must prove that he is a member of a protected class, he was qualified for the position that he held, he was discharged, and after his discharge was replaced with a person … Bunge argues that Brown did not establish his prima facie case of age discrimination because neither Bunge nor Rose discharged Brown.

Mason v. Lowndes County Sheriff's Department

106 F. App'x 203 · Court of Appeals for the Fifth Circuit · Jul 8, 2004

Defendants Howell and Swearingen moved for summary judgment based upon qualified immunity. Defendant Lowndes County also moved for summary judgment. … The district court granted the individual defendants’ motion based on qualified immunity.

Patton-Tully Transportation Company v. Ratliff

797 F.2d 206 · Court of Appeals for the Fifth Circuit · Sep 9, 1986

Rather than holding a new trial, the parties submitted the case for decision on the existing record, with a stipulation to add further testimony by an economist earlier qualified as an expert for the plaintiff. … These findings of fact were not clearly erroneous.

Empire Pictures Distributing Company, Inc., and Kingsley International Pictures Corporation v. City of Fort Worth

273 F.2d 529 · Court of Appeals for the Fifth Circuit · Jan 11, 1960

District Court dismissed, the Court of Appeals for the Sixth Circuit affirmed, 16 and the Supreme Court approved their actions, holding that the quoted statute constituted “Legislative policy * * * in a clear-cut prohibition qualified … defined statutory exceptions, of leaving generally to the state courts the trial of criminal cases arising under *539 state laws, subject to review by this Court of any federal questions involved. * * * “ * * * No person is immune

United States v. Alberto Loza-Gracia

670 F.3d 639 · Court of Appeals for the Fifth Circuit · Feb 9, 2012

STANDARD OF REVIEW This court reviews “a claim of breach of a plea agreement de novo, accepting the district court’s factual findings unless clearly erroneous.” United States v. … The well-established separate organizational structures of the U.S. Attorney’s Office and the U.S.

Heci Exploration Co., Inc. v. Holloway

862 F.2d 513 · Court of Appeals for the Fifth Circuit · Dec 13, 1988

Domed Stadium is therefore consistent with the established rule that a court will not consider issues not briefed. See McGruder, 733 F.2d at 1148 ; Zuccarello v. … Thus, the bankruptcy court's holding may not be disturbed unless it is clearly erroneous.

In re: State of Texas

Court of Appeals for the Fifth Circuit · Jun 1, 2018

As Nevada reminds us, 42 U.S.C. § 10139 does clearly speak of jurisdiction. … congressional intent to ‘overturn the constitutionally guaranteed immunity of the several States.’”