Case law
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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.
Cited 21 timesPublished631 F.2d 1214 · Court of Appeals for the Fifth Circuit · Dec 4, 1980
Both are sites carved out of a clearly covered situs-the navigable water. … But in this dynamic area it is safe to say, as the Ninth Circuit cautioned: “We do not decide whether an employee whose duties shifted every week, of every month, may ... qualify under the Act.”
Cited 30 timesPublishedSpecial Service Co. v. Delaney
172 F.2d 16 · Court of Appeals for the Fifth Circuit · Feb 1, 1949
there was included in the legislation certain language, now found in 50 U.S.C.A.Appendix, § 308, providing that persons inducted under the provisions of the act, after successfully completing their duties and still being qualified … It is necessary when there is such misapprehension of the evidence and when the decision is so clearly erroneous, that is, against the truth and right of the case, that this court give effect to its own conclusions. 1 From
Cited 14 timesPublished698 F.2d 775 · Court of Appeals for the Fifth Circuit · Feb 25, 1983
Procedural History 5 The contracts between Gary and the government contained the standard disputes clause, establishing a heirarchy for resolving disputes arising under the contract. … United States, 406 U.S. 1, 18 , 92 S.Ct. 1411, 1421 , 31 L.Ed.2d 658 (1972) (Boards of Contract Appeals "are not statutory creations but are established by administrative regulations. S.Doc.
Cited 30 timesPublishedCourt 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).
Cited 0 timesUnpublishedElmer 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.
Cited 4 timesPublished587 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.
Cited 76 timesPublished111 F.4th 567 · Court of Appeals for the Fifth Circuit · Aug 1, 2024
For purposes of the enhancement, “possession of a controlled substance with an intent to distribute qualifies as a ‘drug trafficking offense.’”15 Officers found Barraza-Urias and Wilson together at the location of the controlled … 23-50509 Mergerson, 4 F.3d 337 (5th Cir. 1993), we made clear that an even higher level of control was not enough: “mere control or dominion over the place in which contraband . . . is found by itself is not enough to establish
Cited 4 timesPublished682 F.2d 1111 · Court of Appeals for the Fifth Circuit · Aug 9, 1982
To establish a prima facie case of discrimination in this regard, it is incumbent upon plaintiffs to show that qualified black applicants for supervisory positions had been passed over for promotions while whites with less … Clearly, Judge Noel could have redefined the class.
Cited 22 timesPublishedMrs. Tobie Brantley v. M.F. Surles, Superintendent of Education, Montgomery County
718 F.2d 1354 · Court of Appeals for the Fifth Circuit · Nov 10, 1983
. § 1983 , the plaintiff must allege that the defendant acted under color of state law to deprive *1358 her of a right, privilege, or immunity guaranteed by either the Constitution or laws of the United States. Maine v. … Madison County Bd. of Educ., 476 F.2d 676 (5th Cir.1973), it is well established that they may not do so for a reason which infringes “constitutionally protected, interests.” Perry v.
Cited 34 timesPublished476 F.3d 369 · Court of Appeals for the Fifth Circuit · Jan 22, 2007
The evidence is clearly sufficient to establish that Ford took part in a conspiracy to distribute over fifty grams of methamphetamine. … The evidence is clearly sufficient to establish that Shane Samson took part in a conspiracy to distribute over 50 grams of a methamphetamine.
Cited 109 timesPublished495 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.
Reversed on other grounds by Franks v. Bowman Transportation Co., 424 U.S. 747 (1976)Cited 231 timesPublishedRamiro Ibarra v. Rick Thaler, Director
687 F.3d 222 · Court of Appeals for the Fifth Circuit · Jul 6, 2012
a “narrow exception” to the Coleman rule that “an attorney’s ignorance or inadvertence in a postconviction proceeding does not qualify as a cause to excuse a procedural default.” … This opinion qualifies Coleman by recognizing a narrow exception: Inadequate assistance of counsel at initial-review collateral proceedings may establish cause for a prisoner’s procedural default of a claim
Overruled by Trevino v. Thaler, 133 S. Ct. 1911 (2013)Cited 43 timesPublished129 F.3d 814 · Court of Appeals for the Fifth Circuit · Dec 9, 1997
A Change Authorization/Employment Authorization form implementing Wegner's change in status from an hourly to a salaried employee qualified the compensation change as being effective for the duration of the assignment … Litigants clearly "take their chances" that the district court will reject or reduce fee awards if they submit vague or incomplete applications. Id. at 326-27.
Cited 147 timesPublishedCourt 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).
Cited 0 timesPublishedChemtech Royalty Associates, L.P. v. United States
766 F.3d 453 · Court of Appeals for the Fifth Circuit · Sep 10, 2014
“The fact that a partnership’s underlying business activities had economic substance does not, standing alone, immunize the partnership from judicial scrutiny.” Id. at 484. … Id. at 232. 25 Dow insists that we must first determine whether an interest qualifies as debt or equity before we can address whether there is a sham partnership under Culbertson.
Cited 18 timesPublishedUnited States v. Kadeem Burden
964 F.3d 339 · Court of Appeals for the Fifth Circuit · Jul 2, 2020
, any rational [jury] could have” found such guilt established. … “A factual finding is not clearly erroneous if it is plausible in light of the record as a whole.” Id.
Cited 4 timesPublishedRicky Koch v. Tote, Incorporated
857 F.3d 267 · Court of Appeals for the Fifth Circuit · May 12, 2017
In The district court had jurisdiction under its admiralty jurisdiction. 28 U.S.C. § 1333. 1 The applicable waiver of sovereign immunity is the Public Vessels Act, 46 U.S.C. §§ 31101– 31113. … United States, 2015 WL 4129312, *3–4. 4 Id. at *6 (“The evidence presented at trial does not establish that any of the injuries of which Mr.
Cited 15 timesPublishedKnatt v. Hospital Service District No. 1 of East Baton Rouge Parish
327 F. App'x 472 · Court of Appeals for the Fifth Circuit · May 12, 2009
Analysis under the well-established McDonnell Douglas framework proceeds as follows: (1) the plaintiff must first establish a prima facie case of discrimination; (2) the burden then shifts to the defendant to provide a legitimate … To establish a prima facie case, Knatt must show that: (1) he is a member of a protected class, (2) he was qualified for staff privileges, (3) he suffered an adverse employment action, and (4) others similarly situated were
Cited 0 timesPublishedCourt of Appeals for the Fifth Circuit · Feb 21, 2001
Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established … In deciding whether an official is entitled to qualified immunity, “we must determine: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (
Cited 0 timesUnpublished
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