Case law

Trotti & Thompson v. Crawford

631 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."

Graef v. Chemical Leaman Corp

Court of Appeals for the Fifth Circuit · Jun 2, 1997

Arbitral awards are not immune from this general grant of discretion to the district courts. As the Supreme Court explained in Alexander v. … he burden of establishing that the arbitrator's findings were not trustworthy.

Rite Research Improves the Environment, Inc. v. Douglas M. Costle, Administrator of the Environmental Protection Agency, Etc.

650 F.2d 1312 · Court of Appeals for the Fifth Circuit · May 26, 1981

The conference report mentions several communities *1318 that might be likely to qualify for the modification provision. … Court granted certiorari on October 10, 1980, oral argument was held on February 24, 1981, and a decision probably will be issued shortly, the order granting certiorari, - U.S. -, 101 S.Ct. 314 , 66 L.Ed.2d 145 (1980), clearly

Perez v. Zahara

332 F. App'x 214 · Court of Appeals for the Fifth Circuit · Sep 8, 2009

In this case, it is: if a jury accepted Perez’s version of the genuinely disputed fact issue—that is, Defendants terminated him because of his religious beliefs—then Defendants would have violated Perez’s clearly established … Consequently, we AFFIRM the district court’s denial of qualified immunity. AFFIRMED. 2

United States v. Leonard

61 F.3d 1181 · Court of Appeals for the Fifth Circuit · Aug 14, 1995

Testimony under oath observed by the district court would qualify. United States v. Smith, 13 F.3d 860 (5th Cir. 1994), is not to the contrary. … Specifically, both insist that the evidence was insufficient to establish the element of knowledge or intent.

American Trucking Association, Inc. v. United States of America and Interstate Commerce Commission, American Movers Conference v. Interstate Commerce Commission and the United States of America, C & H Transportation Co., Inc. v. Interstate Commerce Commission and United States of America

642 F.2d 916 · Court of Appeals for the Fifth Circuit · Apr 17, 1981

The Commission also has issued interim rules establishing procedures for applying for authority to transport government traffic under the new Act. … The applicant's compliance and fitness are clearly subject to challenge by a competitor in an adjudicatory proceeding. IV.

Landor v. Louisiana Dept of Corrections

82 F.4th 337 · Court of Appeals for the Fifth Circuit · Sep 14, 2023

__ 3 The court also held that even if RLUIPA created a cause of action for damages against officials in their official capacities, such suits were nevertheless barred by a state’s sovereign immunity … As § 1983 had always permitted damages “for clearly established violations of the First Amendment,” “parties suing under RFRA must have at least the same avenues for relief against officials that they would have

Mario Mijangos v. Avondale Shipyards, Inc., and Director, Office of Workers' Compensation Programs, United States Department of Labor

948 F.2d 941 · Court of Appeals for the Fifth Circuit · Jan 28, 1992

No party disputes this finding, which establishes the prima facie case of total and permanent disability. … The AU, however, clearly explained his reasons for not affording significant weight to the testimony of these persons. The AU noted that Mr.

32 Fair empl.prac.cas. 944, 32 Empl. Prac. Dec. P 33,751 Equal Employment Opportunity Commission v. University of Texas Health Science Center at San Antonio

710 F.2d 1091 · Court of Appeals for the Fifth Circuit · Aug 1, 1983

Paul, 671 F.2d 1162 , 1168 (8th Cir.1982) (evidence on general debilitating effects of age is insufficient to establish a BFOQ). … Again, based on our review of the record, these findings were the subject of dispute at trial but are not clearly erroneous. 18 AFFIRMED. 19 PATRICK E.

47 Fair empl.prac.cas. 318, 47 Empl. Prac. Dec. P 38,121 Santos R. Hernandez, Cross-Appellant v. Hill Country Telephone Cooperative, Inc. And Anthony Thorne, Defendants- Cross-Appellees. Santos R. Hernandez v. Hill Country Telephone Cooperative, Inc. And Anthony Thorne, Defendants

849 F.2d 139 · Court of Appeals for the Fifth Circuit · Jul 19, 1988

Those factual findings are protected by the sturdy redoubt of Fed.R.Civ.P. 52(a), which directs our acceptance of factual findings unless clearly erroneous. … the Installer-Repairman positions which were filled by less qualified Anglo-Caucasians.

United States v. Curtis Cluff

857 F.3d 292 · Court of Appeals for the Fifth Circuit · May 18, 2017

In March 2015, Cluff moved to dismiss the indictment based on the doctrine of equitable immunity. … Assuming that the doctrine can apply to the government, to succeed Cluff must first establish that “the position of the party to be estopped is clearly inconsistent with its previous one; and [second,] that party must have

Gwathmey v. United States

215 F.2d 148 · Court of Appeals for the Fifth Circuit · Aug 25, 1954

The complaint did not inform the owners clearly of the exact tracts to be taken and their descriptions until eight amendments had been filed, the last on March 30, 1951. … A jury is usually drawn from the body of qualified persons residing in the division of the court in which the trial is held.

Gregory Willis v. Cleco Corporation

749 F.3d 314 · Court of Appeals for the Fifth Circuit · Apr 8, 2014

To establish a prima fade case, a plaintiff must demonstrate that he, “(1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment action by the … The district court determined that Willis had not established a prima facie case.

United States v. Gregorio Gonzalez-Longoria

831 F.3d 670 · Court of Appeals for the Fifth Circuit · Aug 5, 2016

The Court held the notice requirements of due process were satisfied so long as the statutes “clearly define[d] the conduct prohibited and the punishment authorized.” Id. … For the foregoing reasons, I would hold the Guidelines categorically immune from vagueness challenges. . The Supreme Court will have this issue before it next term in Beckles v.

United States v. Franklin Earl Barron

707 F.2d 125 · Court of Appeals for the Fifth Circuit · May 26, 1983

In connection with this, the government attempted to establish this taxpayer’s net worth each year from 1975 through 1979 by showing his assets and liabilities at the end of each year. … The sole objection at trial was that Westmoreland was not qualified or competent to testify as to whether the signature was indeed Terrell’s and also whose it was.

Thomasville Automotive Parts, Inc. v. United States

609 F.2d 1136 · Court of Appeals for the Fifth Circuit · Jan 15, 1980

Instead, § 6416(b)(3)(B) contains a provision, not discussed by the taxpayer in its brief, that clearly denies to the taxpayer the right to obtain a refund as for an overpayment of the tax paid. … We conclude that the trial court correctly determined that the taxpayer could not recover for the tax it paid without qualifying under the registration provision of the statute since it did not come within the provision allowing

Wanda Bowling v. John Roach

Court of Appeals for the Fifth Circuit · May 29, 2020

“[A]bstention is appropriate unless state law clearly bars the interposition of the constitutional claims.” Moore, 442 U.S. at 425–26. … Finally, although Bowling devotes significant portions of her briefing to qualified immunity and the applicability of the Rooker-Feldman doctrine, the 8  Case: 19-41003 Document

Joel Bach v. Texas State University

614 F. App'x 789 · Court of Appeals for the Fifth Circuit · Sep 1, 2015

Because the party asserting that the federal courts have jurisdiction has the burden of establishing it, Bach must show that Texas waived its immunity. St. Tammany Parish, ex rel. Davis v. … “A statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text.” Lane v. Pena, 518 U.S. 187, 192 (1996); see also F.A.A. v. Cooper, 132 S. Ct. 1441, 1448 (2012).

Laurie W. Tomlinson, District Director of Internal Revenue for the District of Florida v. The 1661 Corporation

377 F.2d 291 · Court of Appeals for the Fifth Circuit · May 9, 1967

, or certainly not the best qualified persons, to determine the many intricacies of transactions in the business world. … Clearly proper application of this criterion would require consideration of the total outstanding corporate debt in relation to the corporate equity.

United States v. Broussard

80 F.3d 1025 · Court of Appeals for the Fifth Circuit · Apr 6, 1996

The district court's decision is not clearly erroneous. … The district court did not clearly err in finding that Merritt's consent to search was voluntary. III.