Case law

Barrel of Fun, Inc. D/B/A the Music Factory v. State Farm Fire & Casualty Company

739 F.2d 1028 · Court of Appeals for the Fifth Circuit · Aug 24, 1984

We further observe that the district court refused to qualify Dey as an expert in this field {see note 3, supra). … Roth was qualified by the district court as an expert in fire investigation. 5 .

Rock v. Huffco Gas & Oil Co.

922 F.2d 272 · Court of Appeals for the Fifth Circuit · Jan 31, 1991

Rock’s statements would not qualify under this broader application of the Rule 803(4) exception. … The accident reports filed by Christian and Gardner do not fit within the limits established by Rule 803(1).

Woodfox v. Foti

609 F.3d 774 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

. § 2254(d)(1) restricts the source of clearly established law to this Court’s jurisprudence.”); Moore v. … application of clearly established federal law for the state court to find no prejudice from defense counsel’s failure to object.

Memorial Hospital System v. Northbrook Life Insurance Company

904 F.2d 236 · Court of Appeals for the Fifth Circuit · Jul 16, 1990

The MET in Taggart was a profit-making enterprise that provided group insurance to employers too small to qualify for group rates on their own. … Such derivative claims invoke the relationship among the standard ERISA entities and clearly relate to a plan for preemption purposes. See Hermann Hospital, 845 F.2d at 1290 .

National Treasury Employees Union v. U.S. Department Of The Treasury

25 F.3d 237 · Court of Appeals for the Fifth Circuit · Jun 22, 1994

It is further undisputed that the government has not given employees criminal use immunity for potentially incriminating responses to Question 19. … Bravo, has also failed to establish standing.

Fahim v. Marriott Hotel Services, Inc.

551 F.3d 344 · Court of Appeals for the Fifth Circuit · Dec 8, 2008

The second factor, however, weighed in Fahim’s favor because the requested amendment was clearly important to Fahim. … Under our Title VII precedent, a plaintiff establishes a prima facie case of employment discrimination by showing that he or she: (1) is a member of a protected group; (2) was qualified for the position at issue

Demetrius Smith v. Lorie Davis, Director

927 F.3d 313 · Court of Appeals for the Fifth Circuit · Jun 13, 2019

(citing Witt, 469 U.S. at 425-26). 66 Id. at 461 (“The trial judge’s decision to excuse Juror 638 did not violate clearly established federal law by concluding that Juror 638 was not qualified to serve as a member … The TCCA did not unreasonably apply clearly established federal law in this regard.

United States v. Eddie Lipscomb

619 F.3d 474 · Court of Appeals for the Fifth Circuit · Sep 13, 2010

. § 922(g) does not qualify as a crime of violence. … However, I disagree with Judge Jolly’s conclusion that Lipscomb’s plea sufficiently established that fact.

Voices for Int'l Bus. & Educ., Inc. v. Nat'l Labor Relations Bd.

905 F.3d 770 · Court of Appeals for the Fifth Circuit · Sep 21, 2018

Where Congress has established a clear line, the agency cannot go beyond it; and where Congress has established an ambiguous line, the agency can go no further than the ambiguity will fairly allow."). … Congress has spoken clearly here. Charter schools are unambiguously private organizations, not political subdivisions.

Hill v. City of Seven Points

Court of Appeals for the Fifth Circuit · Jan 18, 2002

of clearly established law.”). … the light of clearly established law.

United States v. Euneisha Hearns

845 F.3d 641 · Court of Appeals for the Fifth Circuit · Jan 9, 2017

As part of the conspiracy, Hearns made materially false statements on prospective buyers’ loan applications to help them obtain loans for which they did not qualify. … At the close of the evidence, the district court instructed the jury that the government could establish bank fraud under 18 U.S.C. § 1344 in either one of two ways: (1) to hold Hearns guilty of bank-fraud conspiracy under

Musslewhite v. State Bar of Texas

32 F.3d 942 · Court of Appeals for the Fifth Circuit · Sep 22, 1994

The Feldman case involved an apparently qualified applicant to the District of Columbia bar who, in spite of his qualifications, had not graduated from an accredited law school. … Harris18, the Supreme Court established a policy whereby federal intervention in ongoing state criminal proceedings is barred absent extraordinary circumstances.

Est of Willie Mae v. United States

198 F.3d 169 · Court of Appeals for the Fifth Circuit · Dec 13, 1999

Under the favorable tax treatment afforded “Qualified Terminal Interest Property” (“QTIP”), the AST was excludible from Mr. Sowell’s estate, but was necessarily taxable as part of Mrs. Sowell’s estate upon her death. … Further, the Estate’s failure to appeal the IRS’s denial of its request for an extension clearly affects whether the Estate’s overall failure to pay on time was “reasonable.”

Crape v. Brazoria County

Court of Appeals for the Fifth Circuit · Jun 3, 2003

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right. Id. … Second, a defense of qualified immunity will succeed if the defendant's conduct was objectively reasonable at the time in light of clearly established law. Id.

Kenney v. United States

254 F. 262 · Court of Appeals for the Fifth Circuit · Nov 21, 1918

The only ground of objection was that the defendant was not in charge of the office when they were made, and their correctness had hot been established. … Clearly the introduction of the envelopes themselves added nothing to his voluntary recital of their contents.

Levens v. Gaspard

Court of Appeals for the Fifth Circuit · Nov 28, 2023

Because Gaspard is entitled to qualified immunity, we AFFIRM. I. … Gaspard moved for summary judgment seeking dismissal of Plaintiff’s complaint based on qualified immunity because his actions constituted a 3 Case: 23-30236 Document

Texas & P. Ry. Co. v. Harby

94 F. 303 · Court of Appeals for the Fifth Circuit · May 2, 1899

Thus qualified, the rule requires the use of a degree of care much beyond ‘‘such as ordinarily prudent persons would exercise,” even the *308 utmost care that the most prudent persons would or could use. … discovering the peril of the child, used all the efforts in his power, and all the means at his command, consistent with the safety of those on the engine and train, to stop the train, and avoid the injury,” etc., *309 —Still clearly

United States v. James M. Lewis Debra Faye Lewis

92 F.3d 1371 · Court of Appeals for the Fifth Circuit · Sep 16, 1996

Moreover, the pediatrician agreed that the injuries qualified as “great serious injuries.” … This would make the precise act criminalized under the state statute qualify as being conduct of a different nature or character. 8 .

Joseph J. Hurst v. United States

370 F.2d 161 · Court of Appeals for the Fifth Circuit · Feb 16, 1967

As to the sufficiency of the evidence, the case would be exceedingly close, if not clearly reversible, had it not been for a highly incriminating statement made by the appellant on April 22, 1963, of which indisputable proof … [Exceptions: when a prior crime is an element of the later offense or the establishment of fraudulent intent is involved.]

Darrin Lewis, Sr. v. Ascension Parish Schoo

806 F.3d 344 · Court of Appeals for the Fifth Circuit · Nov 17, 2015

They derive this name from Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., which authorizes awards of federal financial assistance to schools with a qualifying population of low-income … Bates was not specific enough to establish discriminatory impact. Dr.