Case law

Martin v. Turnipseed

Court of Appeals for the Fifth Circuit · Jun 30, 2022

On one hand, courts routinely allow immediate appeal from orders that reject absolute or qualified immunity, Mitchell v. Forsyth, 472 U.S. 511, 525-27, 105 S. … Ct. 2806, 2815-16 (1985), deny a state’s Eleventh Amendment immunity, Puerto Rico Aqueduct & Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S. 139, 141, 113 S.

Crosby v. United States

496 F.2d 1384 · Court of Appeals for the Fifth Circuit · Jul 5, 1974

At the threshold of deciding the case sub judice, we must establish what interests were created by the 1944 conveyance. … Additionally, they argue that the testimony of their expert witness, a qualified appraiser of Picayune real estate, shows that these costly improvements did not increase the fair rental value of the property, and thus, in

United 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.

Washington v. Strickland

693 F.2d 1243 · Court of Appeals for the Fifth Circuit · Dec 23, 1982

Particularly in death penalty cases, we should not turn our heads because a lawyer, however qualified and experienced, felt a sense of hopelessness when faced with a difficult case. … Tunkey, the record makes clear that, as a criminal attorney, he is eminently qualified and experienced.

E. T. Griswold v. Commissioner of Internal Revenue

400 F.2d 427 · Court of Appeals for the Fifth Circuit · Sep 3, 1968

But to conclude from this that integration must be shown to give application to the rule is to confuse the rule with one method of establishing its applicability. … Such a liquidation reincorporation does not qualify for section 331”. Id. at 882.

Silva de Santiago v. Bondi

Court of Appeals for the Fifth Circuit · Dec 4, 2025

Sessions, 890 F.3d 542, 544 (5th Cir. 2018) (“We . . . review ‘constitutional claims or questions of law raised upon a petition for review,’ such as whether a conviction qualifies as an aggravated felony.” … confinement). 11 Case: 25-60064 Document: 41-1 Page: 12 Date Filed: 12/04/2025 No. 25-60064 he is clearly

Scott Ristow v. Michael Hansen

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

The officers filed a motion to dismiss based on qualified immunity. … Lieutenant Driver, 848 F.3d 678, 683 (5th Cir. 2017) (addressing qualified immunity defense raised in a motion to dismiss). 13 Kovacic v.

Will McRaney v. N Amer Mission Bd So Baptist

Court of Appeals for the Fifth Circuit · Nov 30, 2020

Under Guadalupe and Hosanna-Tabor, the church autonomy doctrine immunizes religious institutions from various anti-discrimination claims. … On the other hand, the Supreme Court has made clear that States enjoy sovereign immunity outside of the Eleventh Amendment—and that immunity carries jurisdictional consequences. See, e.g., Kimel v. Fla.

Subway Equipment Leasing Corp. v. Sims (In re Sims)

994 F.2d 210 · Court of Appeals for the Fifth Circuit · Jun 21, 1993

The court held that the husband and wife, as joint payees, qualified as separate entities for § 303(b)(1) purposes. Id. at 808. But, it noted that each entity must be the holder of a claim. Id. … We adopt that objective standard, as well as the Eighth Circuit’s methodology for applying it, which includes a clearly erroneous standard of review: [T]he petitioning creditor must establish a prima facie case that no bona

Lee Lucas v. Jerry Goodwin

Court of Appeals for the Fifth Circuit · Sep 10, 2019

The district court rejected appellants’ assertions of qualified immunity and denied their motion for summary judgment on the individual capacity claims that Lucas asserted against them. They now appeal. … “That is, [this court] has jurisdiction only to decide whether the district court erred in concluding as a matter of law that officials are not entitled to qualified immunity on a given set of facts.” Id. at 347.

Christine Plemer v. Parsons-Gilbane, Etc.

713 F.2d 1127 · Court of Appeals for the Fifth Circuit · Sep 6, 1983

The district court found that Plemer did not meet the criteria necessary for the job and that William Willis was better qualified for the position. … employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance

National Labor Relations Board v. Truck Drivers & Helpers Local Union No. 728

228 F.2d 791 · Court of Appeals for the Fifth Circuit · Jan 17, 1956

The authority upon which respondents rely is inapposite and clearly distinguishable on its facts. … No. 68 2 Hereinafter referred to as "the Act" 3 In that decision, the Board held that common-situs picketing, in order to qualify as primary and lawful, must meet all four of the following conditions: (a) The picketing is

Benton C. Sullens v. United States

409 F.2d 545 · Court of Appeals for the Fifth Circuit · Apr 7, 1969

Since we think that the record clearly upholds the prisoner’s right to immediate release, however, we have chosen to deal with the merits of the case now. … The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. See King v. United States, 69 App.D.C. 10 , 98 F.2d 291, 296 .

Ricky 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.

Merchants National Bank of Mobile v. The Vessels Ward Rig No. 7

634 F.2d 952 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

We find nothing to indicate that these findings are clearly erroneous, Fed.R.Civ.P. 52(a); indeed, we are convinced that these findings are clearly not erroneous. … The evidence clearly establishes the intent and purpose of the parties to legally conclude this transaction.

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.

Resolution Trust Corporation, as Receiver of Delta Savings & Loan Association, Inc. v. Paul J. Murray, Jr., and June Leblanc Murray

935 F.2d 89 · Court of Appeals for the Fifth Circuit · Jul 10, 1991

D’Oench, Duhme immunizes the FDIC from defenses asserted against it based upon agreements not firmly established in the financial institution’s records. *94 See 315 U.S. at 456-57 , 62 S.Ct. at 679 , 86 L.Ed. at 961-62 . … Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265, 276 (1986) (Rule 56(c) mandates entry of summary judgment "against a party who fails to make a showing sufficient to establish the existence of an element

Sylvie v. City of Dallas Texas

75 F. App'x 221 · Court of Appeals for the Fifth Circuit · Sep 8, 2003

In considering a defendant’s entitlement to qualified immunity as grounds for summary judgment, the district court must first determine whether the plaintiff alleged a violation of a clearly established right, and then … Thus, the plaintiff’s summary judgment evidence was clearly material to whether the defendant-appellants raised a question of fact about the entitlement to qualified immunity.

Emsy H. Swaim and Annie Swaim, Cross v. United States of America, Cross

651 F.2d 1066 · Court of Appeals for the Fifth Circuit · Jul 27, 1981

Taxpayers have been allowed wide latitude in structuring qualifying transactions, 6 adher *1070 ing to the “well established principle that the substance of a transaction, rather than the form in which it is cast, ordinarily … Swaim recorded the deed in Concho County to establish the link in Cluff’s chain of title.

REW Enterprises, Inc. v. Premier Bank, N.A.

Court of Appeals for the Fifth Circuit · Mar 27, 1995

Premier argues that while a land bank may be immune from taxation based on its status as a federal instrumentality, that immunity does not insulate it from principles of equitable estoppel … To qualify as affirmative misconduct, a "party must allege more than mere negligence, delay, inaction, or failure to follow an internal agency guideline." Fano v.