Case law

Greenlees v. Eidenmuller Enterprises, Inc.

32 F.3d 197 · Court of Appeals for the Fifth Circuit · Sep 19, 1994

Her wages and benefits were paid by Eidenmuller, her job duties were assigned by Eidenmuller, and Eidenmuller established the terms and conditions of her employment and had sole authority to hire and fire her. … The district court found that Eidenmuller employed fewer than fifteen employees, and this finding was not clearly erroneous.

Marshall v. Sun Oil Co.

605 F.2d 1331 · Court of Appeals for the Fifth Circuit · Nov 5, 1979

Dearman’s position was filled by a younger, less qualified employee. Dearman was found to be more qualified for other positions in his department than the employees who had been retained to occupy those positions. … After making the four requisite disclosures, the Secretary presented evidence of age discrimination that was clearly sufficient under the circumstances.

Martin v. Tipton

222 F. App'x 366 · Court of Appeals for the Fifth Circuit · Feb 22, 2007

Tipton filed a motion for summary judgment on qualified immunity grounds. … a violation of a constitutional right and (2) whether the defendant’s conduct was objectively reasonable in light of the clearly established law at the time of the incident.5 Tipton’s appeal

Courtney v. Havard

74 F.3d 1236 · Court of Appeals for the Fifth Circuit · Nov 28, 1995

Due process requires that a preliminary hearing be held "to 2 We have held that because absolute immunity is properly viewed as immunity from suit rather than a mere defense to liability, the court may resolve … the question of absolute immunity before reaching a Heck analysis.

Johnson's Professional Nursing Home v. Weinberger

490 F.2d 841 · Court of Appeals for the Fifth Circuit · Mar 11, 1974

Opelika states the obvious when it asserts that Congress’ intent was to assure that medical services be available, provided and furnished to qualified individuals under the Act. … We are not persuaded that the district court’s conclusion was clearly erroneous.

Weyerhaeuser v. Burlington Insurance

74 F.4th 275 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

Weyerhaeuser also asserted, in the alternative, that the Agreement qualifies as an “insured contract” under the CGL Policies, and thereby manifested a clear intent to include W. Co. … The petitions clearly define W.

Martinez v. Mukasey

508 F.3d 255 · Court of Appeals for the Fifth Circuit · Nov 14, 2007

. § 1229b, but retains jurisdiction over purely legal and nondiscretionary decisions.6 Specifically, this court retains jurisdiction to determine whether the conviction qualifies as an aggravated felony under the Immigration … If the underlying record reflects that a prior conviction was clearly pursuant to a subsection of a statute containing the requisite elements of an offense, the IJ or reviewing court is not required to resolve whether one

Lormand v. Superior Oil Co.

845 F.2d 536 · Court of Appeals for the Fifth Circuit · Jun 5, 1987

Discussion Seaman Status The test for seaman status under the Jones Act is well established in this Circuit. Sitting en banc in Barrett v. … Since the first prong of this test is disjunctive, a worker may qualify as a seaman, even though he has not been permanently assigned to the crew of the vessel, if he does substantial work on the vessel. See Pickle v.

Estate of Shane G v. City of Dallas

Court of Appeals for the Fifth Circuit · Jul 15, 2002

“The seco nd prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether … the conduct of the defendants was objectively unreasonable in the light of that then clearly established law.”

Willie Garner v. Paul Morales

713 F.3d 237 · Court of Appeals for the Fifth Circuit · Apr 2, 2013

More generally, the district court clearly discusses its view of the evidence presented. … Based on the present record, we cannot say that the district court’s factual findings are clearly in error.

The State Of Texas v. United States

730 F.2d 339 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

Section 203 creates a permissible zone of rate flexibility, within which rate increases enjoy a qualified immunity from reasonability challenges. Id. … When Congress seeks to end a situation of conflicting regulatory schemes and to establish uniform regulatory standards, it has clearly manifested its intent to preempt state law. See City of Burbank v.

United States v. Elliott

571 F.2d 880 · Court of Appeals for the Fifth Circuit · Jun 2, 1978

Also, because conduct violative of § 2315 qualifies as an act of racketeering activity under 18 U.S.C. § 1961 (1)(B), evidence that J. … "To establish an abuse of discretion appellants must show that the restrictions imposed upon their cross-examination were clearly prejudicial". Gordon v. United States, 438 F.2d 858, 865 (5th Cir. 1971). Here, J.

Sandefer Oil & Gas, Inc. v. Deanne Lounsberry Duhon and Freddie Paul Lounsberry

961 F.2d 1207 · Court of Appeals for the Fifth Circuit · Jul 6, 1992

One need not look very far, however, to find examples of clauses which just as clearly establish that the lessee shall retain lease rights to depths to which the lessee has merely drilled or tested, with no reference to production … More accurately, in our view, is that the drilled depth is “qualified.” One must not only drill, under this clause, but one must produce. Taking lessees’ argument one step further indicates its Achilles heel.

United States v. Kyle Kalish and William Harvey Boren

734 F.2d 194 · Court of Appeals for the Fifth Circuit · May 29, 1984

Kalish argues that Dunbar does not apply to the present case because its holding was qualified by the fact that the drugs named in the two indictments were not identical. … Instead, the purpose of the language seems to have been to strengthen the holding in that case, rather than to qualify the Fifth Circuit’s position of the issue. This position was clearly stated in United States v.

Reyes ex rel. Estate of Ceballos v. City of Plainview

362 F. App'x 423 · Court of Appeals for the Fifth Circuit · Jan 26, 2010

Rather, the plaintiff must demonstrate: “(1) that the municipal employee violated [the decedent’s] clearly established constitutional rights with subjective deliberate indifference; and (2) that this violation resulted from … The district court explained that, under section 101.025 of the Texas Civil Practice and Remedies Code, the State of Texas has not waived sovereign immunity for intentional acts and that all of the Ceballos Family’s claims

Louis N. Pokress and Estate of Lucille A. Pokress, Deceased, Louis N. Pokress v. Commissioner of Internal Revenue

234 F.2d 146 · Court of Appeals for the Fifth Circuit · Aug 28, 1956

Under such opinion testimony amply supported by the factual evidence, we cannot say that the Tax Court’s valuation of the leasehold is clearly erroneous. … Pokress, and an associate, acting as realty and business brokers, negotiated for the sale of Pappy's Inc. a going and established corporation, to an outside customer. The sale was not completed, and Mr.

Angus G. Wynne, Jr., Bankrupt v. William J. Rochelle, Jr., Trustee in Bankruptcy

385 F.2d 789 · Court of Appeals for the Fifth Circuit · Dec 13, 1967

Immunization and resulting depletion of the estate are exactly the evils which the notice provisions of § 59(g) were designed to prevent. … It would fly in the face of clearly established policy and explicit statutory language to hold that the nominal acquiescence of the petitioning creditors in the dismissal amounted to an admission that they could not establish

Roark & Hardee LP v. City of Austin

Court of Appeals for the Fifth Circuit · Apr 24, 2008

In that case, the plaintiff claimed that the unauthorized and threatening letters that were sent to his customers by the investigators for the Texas Commission on Private Security, who were seeking qualified immunity in the … Applying the test for qualified immunity, we “confirmed the principle that one has a constitutionally protected liberty interest in pursuing a chosen occupation” and found the investigators’ behavior in sending the unauthorized

David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of Florida

673 F.2d 879 · Court of Appeals for the Fifth Circuit · Apr 23, 1982

The Eighth Circuit’s position on this issue was clearly marked in McQueen v. … Apparently, however, the court has not clearly articulated the degree of prejudice that must be shown.

William L. Raley and Thelma C. Raley v. United States

491 F.2d 136 · Court of Appeals for the Fifth Circuit · Mar 15, 1974

With respect to redemption proceeds from post-1959 certificates, the Regulations clearly prescribe the consequences to be ordinary income treatment. … established to the contrary.