Case law

Finis Smith Blankenship v. W. J. Estelle, Jr., Director of Texas Department of Corrections

545 F.2d 510 · Court of Appeals for the Fifth Circuit · Jan 17, 1977

Specifically, Dupart contended that the government’s witness, Charles Brown, was a paid informant and had been promised immunity *514 against pending state and federal criminal charges in exchange for his services and testimony … Petitioner’s application in the state court proceedings clearly raised this issue; he is not required to cite to the state court “book and verse on the federal constitution,” Picard v.

United States v. Fred Lacoy Smith and Woodrow Wilson Wallace, Jr.

550 F.2d 277 · Court of Appeals for the Fifth Circuit · Apr 8, 1977

In the instant case, Smith offered no evidence tending to establish standing under any of the three categories set out in Brown . … It is engaged in no way in any type of political endeavor, and I want you to understand that very clearly.

Maples v. University of Texas Medical Branch

524 F. App'x 93 · Court of Appeals for the Fifth Circuit · Apr 26, 2013

the ADA standard, Maples was required to demonstrate that discrimination against her 1 We assume without deciding that Maples is disabled for purposes of the ADA and Rehabilitation Act, and that she is qualified … Because Maples fails to meet the ADA standard, we need not address UTMB’s claim of sovereign immunity. 3  Case: 12-41226 Document: 00512222095 Page: 4 Date Filed

K. C. Wu v. National Endowment for Humanities and Wallace B. Edgerton, as Acting Chairman for the National Endowment for the Humanities

460 F.2d 1030 · Court of Appeals for the Fifth Circuit · May 2, 1972

In the Federal Establishment, as in General Motors or any other hierarchical giant, there are enough incentives as it is for playing it safe and listing with the wind; Congress clearly did not propose to add to them the threat … The community of Chinese scholars and of others in specialized fields is small, and the members are the only ones qualified to evaluate each other’s work.

United States of America Ex Rel. Bruce Barksdale v. Frank Blackburn, Warden, Louisiana State Penitentiary

610 F.2d 253 · Court of Appeals for the Fifth Circuit · Jan 21, 1980

While this court must reverse findings of fact which are clearly erroneous, we find these findings are not clearly erroneous. Furthermore, they were proposed by the State. … the qualifications for jury service were established by La.R.S. 15:172.

Johnson v. Ford

261 F. App'x 752 · Court of Appeals for the Fifth Circuit · Jan 14, 2008

summary judgment on the issues of failure to exhaust administrative remedies and qualified immunity of the officers in their individual capacities. … The Texas Department of Criminal Justice clearly sets out its grievance policy in its Offender Orientation Handbook: An attempt to informally resolve your problem must be made before filing a grievance.

Pedro Gonzales v. Clifton W. Cassidy, Jr., John Richard Hayes, Iii, Plaintiffs-Intervenors-Appellants

474 F.2d 67 · Court of Appeals for the Fifth Circuit · Feb 15, 1973

Our first step, however, is to examine subdivisions (b) and (c) of Rule 23 in order to establish the proper context in which to make this inquiry. … First, as the' 1966 amendments to Rule 23 clearly illustrate, the purpose of a class action is to allow as few as one member of a class to prosecute an action for the benefit of the class if the requirements of 23(a) and

Arbuckle Mountain Ranch of Texas, Inc. v. Chesapeake Energy Corp.

810 F.3d 335 · Court of Appeals for the Fifth Circuit · Jan 7, 2016

Because the class that the petition at the time of removal sought to have certified is not clearly limited to current owners, and with inadequate evidence of the citizenship of the interim owners in the broader class, Arbuckle … Paragraph 23, however, states the Class is comprised of all non-excluded persons or entities who satisfy the listed qualifications, not a subset of those who qualify.

Lee F. Dilworth v. T. N. Riner, Owner of Tom's Restaurant

343 F.2d 226 · Court of Appeals for the Fifth Circuit · Mar 18, 1965

covered by the Act, are immunized from prosecution, * * *.” … Of course the express authorization required by § 2283 must clearly appear but we are of the opinion that § 203(c) of the Act meets the test.

Richard L. Britt and Timothy Jackson, Jr. v. The Grocers Supply Company, Inc., James E. Hamilton v. The Grocers Supply Company, Inc.

978 F.2d 1441 · Court of Appeals for the Fifth Circuit · Dec 15, 1992

“By establishing the ADEA’s comprehensive scheme for the resolution of employee complaints of age discrimination, Congress clearly intended that all claims of age discrimination be limited to the rights and procedures authorized … for recall were accepted from workers under forty years of age; and (3) the protected workers were qualified for the jobs.

United States v. Daugherty

438 F.3d 445 · Court of Appeals for the Fifth Circuit · Jan 24, 2006

on [the invalidity of the prior conviction for enhancement purposes], the 4  III The uncontested plea agreement clearly … Rather the agreement merely acknowledges that the defendant qualifies for the enhancement. 6

Dina Robles Bush v. Thoratec Corporation

802 F.3d 680 · Court of Appeals for the Fifth Circuit · Sep 17, 2015

“[E]xpert testimony is ordinarily necessary to establish the appropriate standard of care, to establish a deviation from the standard, and to establish that such a deviation was the proximate cause of the claimed damages. … We hold that the district court’s award was not clearly erroneous or contrary to right reason.

United States v. Millsaps

157 F.3d 989 · Court of Appeals for the Fifth Circuit · Oct 8, 1998

The district court’s finding that the conspiracy involved 10 kilograms of cocaine was not clearly erroneous. … PSI’s qualify as such reliable reports. In United States v.

CAE Integrated v. Moov Technologies

44 F.4th 257 · Court of Appeals for the Fifth Circuit · Aug 9, 2022

As CAE fails to establish a likelihood of success on the merits of its claims, we affirm the denial of the preliminary injunction. … The district court did not clearly err in finding that neither Meissner nor Moov misappropriated trade secrets. B.

Ismael Cavazos, by and Through His Guardian and Mother Carlota Cavazos v. United States

776 F.2d 1263 · Court of Appeals for the Fifth Circuit · Nov 19, 1985

Because all three had been certified by the Army as qualified JROTC instructors, the Army reimbursed BISD for *1264 one-half of their minimum salary. 10 U.S.C. § 2031 (d)(1). 1 On Friday, October 9, 1981, the members of the … The depositions and documentary evidence clearly reflect that the daily supervision and control of the JROTC instructors came exclusively from the BISD.

United States of America and Linda Stout, by Her Father and Next Friend, Blevin Stout v. Jefferson County Board of Education, United States of America v. The Board of Education of the City of Fairfield, United States of America v. The Board of Education of the City of Bessemer, United States of America v. Caddo Parish School Board, United States of America v. The Bossier Parish School Board, Margaret M. Johnson v. Jackson Parish School Board, Yvornia Decarol Banks v. Claiborne Parish School Board

372 F.2d 836 · Court of Appeals for the Fifth Circuit · Dec 29, 1966

This is the right of Negroes to national citizenship, their right as a class to share the privileges and immunities only white citizens had enjoyed as a class. … County School Board of Goochland County, E.D.Va.1966, 252 F.Supp. 578 122 'Innumerable cases have clearly established the principle that under circumstances such as this where a history of racial discrimination exists, the

James W. Harlow, Charles E. Wilson and Thomas F. Addy v. United States

301 F.2d 361 · Court of Appeals for the Fifth Circuit · Apr 30, 1962

It clearly violates Wilson’s constitutional right to be free of successive prosecutions for the same offense. … However, the trial court apparently found to the contrary on the basis of McLane’s testimony, and we cannot say that his finding was clearly erroneous. .

Mauricio and Dina Scokin, Individually and as Next Friend of Davina Scokin, a Minor v. The State of Texas

723 F.2d 432 · Court of Appeals for the Fifth Circuit · Jan 27, 1984

The district court found several reasons for this regression: (1) the summer vacation; (2) her older brother leaving for college; (3) the cognitive levels of her fellow students; and (4) a temporary lack of qualified teacher … Regarding the Act’s substantive requirement that all handicapped children receive a free appropriate education, the Act establishes two target dates: In order to qualify for assistance under this subchapter in any fiscal

River Terminals Corporation v. Southwestern Sugar and Molasses Company, Inc.

274 F.2d 36 · Court of Appeals for the Fifth Circuit · Jan 19, 1960

Negligence must be affirmatively shown and the burden of proving negligence rests upon those seeking to establish liability therefor. … Instead of having such qualified person in charge when he himself knew the barge was in a leaking condition at the start of the voyage Frieler left inflexible instructions about unloading that prevented his own employees

Haddock v. Tarrant

Court of Appeals for the Fifth Circuit · May 18, 2021

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly … Baca-Bennett is entitled to qualified immunity. IV.