Case law

Alice Hobbs v. Clarence Hawkins, Etc.

968 F.2d 471 · Court of Appeals for the Fifth Circuit · Aug 13, 1992

The First Amendment clearly guarantees the right to join a union and to advocate in favor of unionization. Thomas v. Collins, 323 U.S. 516, 532 , 65 S.Ct. 315, 323 , 89 L.Ed. 430 (1945). … Finally, the defendant State officials contend for the first time on appeal that they are immune from suit under the Eleventh Amendment. We find this claim to be without merit.

Jack E. Alderman v. Sam Austin, Warden, Georgia State Prison

695 F.2d 124 · Court of Appeals for the Fifth Circuit · Jan 10, 1983

We now have groups that are qualified to serve as jurors but unqualified to serve as foreperson. … These questions, as I see it, are pure questions of fact, subject to Rule 52’s clearly erroneous standard.

Exxon Corporation v. Chick Kam Choo

817 F.2d 307 · Court of Appeals for the Fifth Circuit · May 21, 1987

Although the broad pronouncements of those early cases have been often hedged and qualified, see, e.g., Romero v. … Byrd, 657 *319 F.2d 615, 617-18 (4th Cir.1981) (admiralty court should not apply Virginia inter-spousal immunity doctrine; trend is away from this immunity; state law should not be applied "where its application would defeat

United States v. Juan Castillo-Rivera

853 F.3d 218 · Court of Appeals for the Fifth Circuit · Mar 30, 2017

Martinez, 595 Fed.Appx. 330, 334 (5th Cir. 2014) (“[W]e have found the realistic possibility requirement met without the benefit of a specific state decision on point in circumstances where the plain language of the statute clearly … To support his conviction, the State had to prove that the defendant’s air rifle was a “firearm” and therefore qualified as a “deadly weapon.” See id.

Elmer Ransome Hughes v. United States

304 F.2d 91 · Court of Appeals for the Fifth Circuit · Jun 20, 1962

As to the second ground of Hughes’ motion, it clearly appears that Hughes entered his pleas of guilty to each count understandingly and voluntarily. … He carefully qualified his plea as to Count 3, and explained that he sold only 36 tablets instead of 72 as charged.

Joseph Hunter v. M. James

Court of Appeals for the Fifth Circuit · Apr 5, 2018

Hunter’s argument that the district court erred in granting summary judgment for Officer James based on his qualified immunity is unavailing. … Hunter had the burden of rebutting James’s defense by establishing a genuine issue as to whether James’s alleged wrongful conduct violated clearly established law. See Hanks v. Rogers, 853 F.3d 738, 743 (5th Cir. 2017).

United States v. Rose

587 F.3d 695 · Court of Appeals for the Fifth Circuit · Nov 6, 2009

established federal law); People v. … 12  No. 08-10813 convictions for aggravated robbery qualifies as a second serious violent felony.

Frank J. Robinson v. Commissioners Court, Anderson County, and the Honorable N. R. Link, County Judge, Anderson County, Texas

505 F.2d 674 · Court of Appeals for the Fifth Circuit · Dec 23, 1974

Sims, supra, and secondarily to equalize rural road mileage among precincts. 6 It is clear, however, that the mere fact that an apportionment plan may satisfy some legitimate governmental goals does not automatically immunize … To the contrary, as the Supreme Court established in Reynolds v.

Alicia Morales v. James A. Turman, Individually and in His Official Capacity as Executivedirector of the Texas Youth Council

535 F.2d 864 · Court of Appeals for the Fifth Circuit · Jul 21, 1976

See Vernon’s Tex.Civ.Stat.Ann., art. 5143d (establishing the TYC and specifying those subject to its custody); Vernon’s Tex.Civ.Stat. … The minimum standards established by the District Court are not, as we read them, mere guidelines subject to further negotiation by the parties.

Mary P. Bender v. Dr. Frank S. Dingwerth

425 F.2d 378 · Court of Appeals for the Fifth Circuit · May 6, 1970

is no basis for applying the ‘clearly erroneous’ rule. … Shipman, supra, must be met, not some exception to the clearly erroneous rule.

Michael Nalls v. Annette Lasalle

568 F. App'x 303 · Court of Appeals for the Fifth Circuit · May 16, 2014

Breaux argued prescription, that Nalls had failed to state any cognizable federal or state claims, and that she was entitled to qualified immunity. The district court granted Breaux’s motion on August 1, 2013. … The court transcript repeatedly establishes that the court, “to be really cautious,” did not even factor his failure to show on that day in the determination of contempt.

Megan Winfrey v. Keith Pikett

Court of Appeals for the Fifth Circuit · Mar 26, 2019

“A qualified immunity defense alters the usual summary judgment burden of proof . . . … The malicious prosecution argument fails because Megan has failed to show that Johnson violated clearly established law.

Montiel Rubio v. Bondi

Court of Appeals for the Fifth Circuit · Aug 13, 2025

An applicant for asylum must first establish he is a “refugee.” 8 U.S.C. § 1158(b)(1)(B)(i). … Ashcroft, 379 F.3d 182, 187–88 (5th Cir. 2004) (being struck on the head with a rock once did not qualify as persecution).

Nunez v. Allstate Insurance

604 F.3d 840 · Court of Appeals for the Fifth Circuit · Apr 22, 2010

A district court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence. Id. … of proof since Allstate has not introduced any evidence to do so. 7 The Nunezes’ claims for penalties pursuant to Louisiana Revised Statutes §§ 22:658 and 22:1220 must also fail because they have not established

United States v. Villanueva-Diaz

634 F.3d 844 · Court of Appeals for the Fifth Circuit · Mar 1, 2011

In June 1998, removal proceedings were instituted against Villanueva- Diaz based upon the allegation that his DWI conviction qualified as an “aggravated felony” under 8 U.S.C. §§ 1227(a)(2)(A)(iii) and 1101(a)(43)(F), that … 4  Case: 10-50176 Document: 00511397581 Page: 5 Date Filed: 03/01/2011 No. 10-50176 findings made by the district court in connection with that ruling unless clearly

Fontenot Ex Rel. Fontenot v. Dual Drilling Co.

179 F.3d 969 · Court of Appeals for the Fifth Circuit · Jul 19, 1999

There is no person or entity which meets this definition in this case, and there is clearly no vessel of any kind involved, much less one upon which any injury occurred. … Section 933 establishes procedures by which third-party claims are to be prosecuted in the context of a predicate LHWCA claim.

Harold FRANKS, Plaintiff-Appellant, Johnny Lee, Intervenor-Appellant, v. BOWMAN TRANSPORTATION COMPANY Et Al., Defendants-Appellees

495 F.2d 398 · Court of Appeals for the Fifth Circuit · Sep 12, 1974

Appellant Lee challenges as clearly erroneous the district court’s finding that the discharge was not racially discriminatory. … At time of trial, one Black applicant has been deemed qualified and is waiting for an opening.

United States v. Calvin Smith

804 F.3d 724 · Court of Appeals for the Fifth Circuit · Oct 23, 2015

occupation, or calling, whether or not for profit; (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified … We conclude that the district court did not clearly err in imposing an enhancement for obstruction of justice.

Centennial Savings Bank Fsb, Cross-Appellee v. United States of America, Cross-Appellant

887 F.2d 595 · Court of Appeals for the Fifth Circuit · Nov 2, 1989

Whether such an agreement is characterized as a extension or a waiver, Congress has clearly provided for such agreements within the Tax Code. … discharge of indebtedness was first established in United States v.

Devin Tool & Supply Company, Inc., Cross-Appellee v. Cameron Iron Works, Inc., Cross-Appellant

784 F.2d 623 · Court of Appeals for the Fifth Circuit · Mar 10, 1986

The district court’s determination that Cameron “simply could not meet its production schedule requirements” and that rescheduling was necessary is clearly correct. … We categorically reject the district court’s conclusion that Cameron possessed an unqualified immunity from liability for untimely delivery.