Case law
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L & F Homes and Devel, L.L.C. v. City of Gulfport
Court of Appeals for the Fifth Circuit · Aug 8, 2013
Roundhill was, therefore, not qualified. … The district court held that the claim is barred by sovereign immunity. We agree.
Cited 0 timesUnpublished854 F.2d 762 · Court of Appeals for the Fifth Circuit · Sep 14, 1988
In the Supreme Court’s language in Ricks , the relevant inquiry is when Resistoflex may be considered to have “established its official position—and made that position apparent” to Clark. 449 U.S. at 262 , 101 S.Ct. at 506 … We hold that Clark’s summary judgment evidence clearly raises a fact issue under this test.
Cited 161 timesPublished686 F. App'x 282 · Court of Appeals for the Fifth Circuit · Apr 19, 2017
On remand, the building inspector twice moved for summary judgment on Jabary’s procedural due process claim, again based on qualified immunity. … immunity defense.
Cited 0 timesUnpublished823 F.3d 299 · Court of Appeals for the Fifth Circuit · May 19, 2016
The drug code sheet similarly fails to establish the necessary nexus. … The note also states that “[t]here can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.” Id.
Cited 73 timesPublished145 F.3d 673 · Court of Appeals for the Fifth Circuit · Sep 8, 1999
Meredith held that a plan must have employees besides the owners to qualify as an ERISA plan. See 980 F.2d at 358. … Vega’s medical record clearly indicates that she received advice or consultation about a medical condition.
Cited 1 timesPublished841 F.2d 547 · Court of Appeals for the Fifth Circuit · Apr 18, 1988
It does not appear that clearly defined lines of progression had been established for black laborers. The articles of agreement between the OWIU and Gulf incorporated the existing lines of progression. … Tizeno offers no evidence that he was better qualified for that position.”
Cited 33 timesPublishedUnited States v. John L. Morrow
537 F.2d 120 · Court of Appeals for the Fifth Circuit · Aug 16, 1976
The Government established at trial, however, that the initials were a forgery.. … Appellant also requested that the district court conduct an evidentiary hearing *148 on the alleged grant of immunity, which request the district court denied.
Cited 212 timesPublishedTravis Paul v. Petroleum Equipment Tools Co.
708 F.2d 168 · Court of Appeals for the Fifth Circuit · Jun 27, 1983
We find that these findings of fact are not clearly erroneous. … See Checklist on Jobs Qualifying for White-Collar Exemption, 6 Lab. Rel. Rep. (BNA) 92 :531-32 (1976). .
Cited 39 timesPublished143 F.3d 995 · Court of Appeals for the Fifth Circuit · Aug 26, 1998
Findings of fact are accepted unless clearly erroneous; legal conclusions are reconsidered de novo. Ballard v. United States, 17 F.3d 116, 118 (5th Cir.1994). … The question remains what significance we should attach to this fact. 26 Under Louisiana law, it is well established that the French version of the Code of 1825 is controlling as to articles with a civilian heritage that
Cited 0 timesPublishedAlbert Malvino v. Paul Delluniversita
840 F.3d 223 · Court of Appeals for the Fifth Circuit · Oct 20, 2016
We thus can consider whether the district court clearly erred in concluding that Malvino proved a pattern of racketeering activity. … The evidence also does not support a finding of open-ended continuity, the less common way to establish a pattern.
Cited 46 timesPublished247 F.2d 845 · Court of Appeals for the Fifth Circuit · Oct 1, 1957
Moor, 24 Tex.Civ.App. 150 , 255 S.W. 231 , where the maximum contribution is thus positively established, equitable principles will be recognized, Dakan v. … The statutory definitions are reciprocal, i. e., that which is received during coverture is community unless it qualifies as separate property. Art. 4619, Vernon’s Tex.Ann.Oiv.Stat., Community Property: “Sec. 1.
Cited 11 timesPublishedSamuel Daugherty v. Hien Luong
485 F. App'x 696 · Court of Appeals for the Fifth Circuit · Aug 10, 2012
Qualified immunity was not an available defense in this action because Daugherty asked only for declaratory and injunctive relief. See Mayfield v. * Pursuant to 5TH CIR. … To the extent Daugherty might show some contested issues of fact, they are not issues of material fact because, even if viewed in his favor, those facts would not establish, in light of the uncontested facts, “an unnecessary
Cited 3 timesUnpublished362 F.2d 624 · Court of Appeals for the Fifth Circuit · Jul 25, 1966
Clearly, if the only or the primary purpose is the raising of revenue, the charge Is a tax, and governmental regulation arising merely as an incident will not alter the character of the exaction * * *. … But a tax is not any the less a tax because it has a regulatory effect * * *, and it has long been established that an Act of Congress which on its face purports to be an exercise of the taxing power is not any the less so
Cited 18 timesPublishedNational Treasury Employees Union v. U.S. Department of the Treasury
25 F.3d 237 · Court of Appeals for the Fifth Circuit · Jun 23, 1994
It is further undisputed that the government has not given employees criminal use immunity for potentially incriminating responses to Question 19. … categories: First, where a plaintiff remains silent, asserts the Fifth Amendment privilege against self- incrimination, and is then subjected to some sanction or penalty for refusing to testify, he clearly
Cited 4 timesPublishedUnited States v. Enrique Leonel Gonzalez, Jose Antonio Suarez and Jose Enrique Mendez-Galbart
491 F.2d 1202 · Court of Appeals for the Fifth Circuit · May 14, 1974
Like the testimony in Nakaladski , Hudson’s testimony was not admitted to establish the defendant’s propensities to commit the charged crimes, but was properly admissible to establish the existence of a conspiracy to distribute … Illinois, 408 U.S. 786 , 92 S.Ct. 2562 , 33 L.Ed.2d 706 (1972), clearly articulated three criteria for measuring when the Brady rule has been violated as follows; “(a) suppression by the prosecution after a request by the
Cited 26 timesPublishedMarco Outdoor Advertising, Inc. v. Regional Transit Authority
489 F.3d 669 · Court of Appeals for the Fifth Circuit · Jun 15, 2007
Marco’s establishing of these elements would entitle it to pursue Fourteenth Amendment due-process claims under § 1983, both substantive and procedural. … We should not tiptoe around that issue by, sua sponte, going off on the nature of Marco’s clearly established due process, property-right claim and latching onto a procedural, state statutory standing provision as a means
Cited 37 timesPublished640 F.2d 732 · Court of Appeals for the Fifth Circuit · Mar 26, 1981
Though the suit clearly involved a claim against the United States founded upon an act of Congress, the firefighters did not cite the Tucker Act, 28 U.S.C. §§ 1346 (a)(2), 2 1491 3 as the source of federal jurisdiction. … contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.... 4 Though neither the parties nor the district court raised this issue, our duty to consider it sua sponte is well established
Cited 21 timesPublishedUnited States v. Carlos Bejarano
Court of Appeals for the Fifth Circuit · Mar 27, 2014
Gibson, failed to file a notice of appeal, file an Anders brief, and secure a written pre- agreement from the government requesting immunity. … Thus, Appellants’ argument does not demonstrate that the district court clearly erred. See also Johnson v.
Cited 0 timesPublished370 F.3d 467 · Court of Appeals for the Fifth Circuit · May 19, 2004
established federal law. … The decision of the Texas Court of Criminal Appeals to apply Hobby to the case at bar flatly contradicts the clearly established federal law of Rose.
Cited 14 timesPublished934 F.2d 1349 · Court of Appeals for the Fifth Circuit · Jun 25, 1991
Houston physician Bachynsky and his associates established phony weight loss and smoking cessation clinics throughout the United States. Dr. … Rule 11(c)(1). 6 Clearly, the district court informed Dr.
Cited 8 timesPublished
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