Case law

Lindsey v. Prive Corp.

Court of Appeals for the Fifth Circuit · Apr 5, 1993

This result is clearly at odds with the mandate of McDonnell Douglas that a plaintiff be afforded a full and fair opportunity to demonstrate that the stated reason for rejection was in fact pretext.11 … This clearly is a legitimate business reason for discharge.

United States v. Gabriela Cordova-Soto

804 F.3d 714 · Court of Appeals for the Fifth Circuit · Oct 23, 2015

This court accepts “all factual findings made by the district court in connection with that ruling unless clearly erroneous.” Id. … However, a few months after Cordova’s removal proceedings, the Seventh Circuit and the Supreme Court determined that an offense such as Cordova’s drug conviction does not qualify as an aggravated felony.

Texas Midstream Gas Services, LLC v. City of Grand Prairie

608 F.3d 200 · Court of Appeals for the Fifth Circuit · Jun 1, 2010

It may do so by clearly and expressly articulating its desire to preempt an area. Empacadora de Carnes de Fresnillo, S.A. de C.V. v. Curry, 476 F.3d 326, 333 (5th Cir. 2007). … Here, Congress has spoken clearly. The PSA preempts safety standards for natural gas pipeline facilities. Grand Prairie’s setback requirement is not a safety standard in letter, purpose, or effect.

United States v. Vickers

540 F.3d 356 · Court of Appeals for the Fifth Circuit · Aug 12, 2008

Winbush argued that the inchoate crime of attempt to possess did not qualify as a “serious drug offense” to justify the ACCA enhancement. Id. at 705. … The Sentencing Guidelines provide that if a defendant “clearly demonstrates acceptance of responsibility” for the offense, his sentence can be reduced two levels. U.S.S.G. § 3E1.1.

Palma v. Verex Assurance, Inc.

79 F.3d 1453 · Court of Appeals for the Fifth Circuit · Apr 16, 1996

The agreement entered into between Ve-rex and City Federal clearly violated the original contract for insurance. … It is clear that the current public policy of Texas clearly prohibits the assignment agreement at issue.

United States v. Cloist Jimison, Jr.

825 F.3d 260 · Court of Appeals for the Fifth Circuit · Jun 8, 2016

GREGG COSTA, Circuit Judge: Defendants in supervised release revocation proceedings have a qualified right to confront witnesses. … Brewer, 408 U.S. 471, 481–82 (1972) (establishing due process rights of parolees in revocation hearings).

United States v. Julio MacEo Hiram Lee Bauman, John Cary and Pedro Talamas

947 F.2d 1191 · Court of Appeals for the Fifth Circuit · Oct 16, 1991

Ill The four appellants raise numerous points on appeal, the majority of which clearly lack merit. … Therefore, the district court clearly had proper venue over the conspiracy charges because there was clearly an overt act committed there; i.e., the importation of cocaine.

United States v. Chavez-Hernandez

671 F.3d 494 · Court of Appeals for the Fifth Circuit · Feb 14, 2012

The court went on to affirm the sentence on other grounds, based on state court documents establishing that Lopez-DeLeon’s victim was under 17 years of age. … There, although we declined to create “factors” to guide the exercise of our plain-error discretion, we pointed out that our precedent generally holds “that when a district court’s error clearly affects a defendant’s sentence

United States v. Roland P. Herrada

887 F.2d 524 · Court of Appeals for the Fifth Circuit · Oct 18, 1989

In addition, it provides funds to improve Federal efforts which assist crime victims, and establishes a Federal Victim of Crime Advisory Committee. … commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly

Iruegas v. Poe

374 F. App'x 513 · Court of Appeals for the Fifth Circuit · Mar 22, 2010

To the extent that Iruegas directed his claims against Defendants in their official capacity, the magistrate judge also dismissed them with prejudice, finding the claims barred by sovereign immunity. 2 Iruegas timely appealed … Prima Facie Deliberate Indifference Claims On appeal, Iruegas argues that his uncontested Spears hearing testimony established a prima facie case for his claims.

Equal Employment Opportunity Commission, - Mary Boyle, Intervenor v. R.J. Gallagher Company

181 F.3d 645 · Court of Appeals for the Fifth Circuit · Sep 13, 1999

We do not doubt that .Boyle’s affliction with MDS qualifies as a physical impairment under § 12102(2). The affidavit of Boyle’s treating physician, Dr. … The second possible way of establishing “disability” is to prove a record of impairment which substantially limited a major life activity.

Thomas v. Texas Department of Criminal Justice

297 F.3d 361 · Court of Appeals for the Fifth Circuit · Jul 1, 2002

According to the majority, an award is upheld if it falls within the range of acceptable awards established by prior cases; only after this acceptable award-range is established does the majority consider the facts supporting … hesitant to substitute our views for those of the jury. 15 Unlike the jury, we are limited to reviewing a “cold record.” 16 The jury, who has the benefit of hearing live testimony and observing witness demeanor, is more qualified

Newton v. Dretke

371 F.3d 250 · Court of Appeals for the Fifth Circuit · May 20, 2004

A forensics expert for the State established that nitrites were present on appellant's skirt. … This case can clearly be disposed of on the second prong, because the evidence Newton presented was clearly within the scope of the existing special issues. See Graham v.

Wheeler v. Miller

Court of Appeals for the Fifth Circuit · Mar 17, 1999

. & Annuity Ass’n of Am., 114 F.3d 557, 559 (5th Cir. 1997). 9 Several issues of immunity under federal and state law are implicated in this case. … Since we conclude that Wheeler’s claims fail on their substantive merits, we need not address the immunity questions. 10 University of Tex. Med. Sch. at Houston v.

Alexander Ramsay, Jr. v. The Boeing Company

432 F.2d 592 · Court of Appeals for the Fifth Circuit · Oct 29, 1970

The next question to be resolved, then, is whether the Belgian statute establishing a prescription period for civil actions for wrongful death so qualifies and conditions the right of action as to extinguish it after the … My question to you, Dean Sweeney, is whether this reference to public policy in any (sic) affects the question of whether the limitation period qualifies the right or merely qualifies the remedy under Belgium Law? A.

Russell v. McKinney Hospital Venture

235 F.3d 219 · Court of Appeals for the Fifth Circuit · Jan 5, 2001

was qualified for her position, that she was in her mid-fifties, and that she was replaced by a woman in her early-thirties. … While evidence beyond that of the prima facie case and pretext clearly is not required, see supra Part III.A, Russell provided additional evidence of discrimination.

Bagwell Coatings, Inc., Cross-Appellant v. Middle South Energy, Inc., Cross-Appellees

797 F.2d 1298 · Court of Appeals for the Fifth Circuit · Aug 22, 1986

It asserts that the testimony of Nathan Sadownik, Bechtel’s cost and scheduling supervisor, clearly established that more precise proof of damages was possible in this case when he testified that a method of attribution of … Here, as discussed previously, the evidence clearly established a breach of contract which proximately caused Bagwell to incur damages in the form of substantially increased costs of performance.

Larry Naquin, Sr. v. Elevating Boats, L.L.C.

817 F.3d 235 · Court of Appeals for the Fifth Circuit · Mar 22, 2016

Pertinent to this appeal, the Naquin majority 1 affirmed the jury’s verdict as to liability, concluding that the jury correctly determined that Naquin qualified as a Jones Act seaman; the entire panel, though, agreed that … “Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.

Guillot v. Day

Court of Appeals for the Fifth Circuit · Mar 4, 2004

“It is well-established that control of discovery is committed to the sound discretion of the district court and that we will reverse its discovery rulings only if they are arbitrary or clearly unreasonable.” … the question of qualified immunity.

United States v. Adalberto Cervantes-Pacheco, Jerry Wayne Nelson and William E. Nelson

826 F.2d 310 · Court of Appeals for the Fifth Circuit · Aug 21, 1987

Although Williamson established a per se rule that an informant paid a contingent fee is not a competent witness, we have not reversed a conviction based on the rule since Williamson . … In addition, Simoneaux was given immunity from testimony-related federal offenses, and federal authorities agreed not to furnish information on state crimes to state authorities.