Case law

Horne Plumbing and Heating Company v. Occupational Safety and Health Review Commission and John T. Dunlop, Secretary of Labor

528 F.2d 564 · Court of Appeals for the Fifth Circuit · Feb 26, 1976

As for Table P-2 it only purports to establish minimum shoring requirements. The Secretary, however, seems to argue that the Table establishes exclusive shoring requirements. … Co., 510 F.2d 78, 81 (10th Cir. 1975) (“Clearly, the Tables are illustrative and are not capable of overriding the regulation . . ..”).

Donald Hodge, Jr. v. East Baton Rouge Parish

Court of Appeals for the Fifth Circuit · Sep 16, 2010

damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would 1 Grant v. … established law,” immunity attaches.5 Hodge’s only hope is to show his arrest was without probable cause – and that Lieutenant Moore should have known better.6 “Probable cause exists when the totality of the facts

Transcor Astra Group S.A. v. Petroleo Brasileiro S.A.-Petrobras

409 F. App'x 787 · Court of Appeals for the Fifth Circuit · Feb 3, 2011

It contended, in relevant part, that because it is partly controlled by the Brazilian government, it is immune from suit in the United States under the Foreign Sovereign Immunities Act (“FSIA”). … Transcor’s breach-of-contract claim requires it to establish: “(1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages

Federal Savings & Loan Insurance v. Mackie

962 F.2d 1144 · Court of Appeals for the Fifth Circuit · May 29, 1992

We further hold that only Mackie’s fraud claim is clearly barred by D’Oench, Duhme. … Clearly, the district court is in a better position to determine the negotiability of the note.

Gillette Motor Transport, Inc. v. Commissioner of Internal Revenue

265 F.2d 648 · Court of Appeals for the Fifth Circuit · Apr 1, 1959

To be sure it was computed on the basis of established rental values for such motor truck equipment. … The property was clearly property used in the trade and business of the Taxpayer. The just compensation 8 received for the taking qualified under Section 117(j).

Richard Deloach, Cross-Appellant v. Delchamps, Inc., Cross-Appellee. Richard Deloach v. Delchamps, Inc.

897 F.2d 815 · Court of Appeals for the Fifth Circuit · Apr 6, 1990

Delchamps further claims that while statistical data may be used to establish a prima facie case, it cannot be used to establish pretext. See Sessions v. Rusk State Hosp., 648 F.2d 1066, 1071 (5th Cir. … Wright derived his efficiency opinion, which the court found him qualified to give, from examining that data.

Renegade Swish, L.L.C. v. Emily Wright

857 F.3d 692 · Court of Appeals for the Fifth Circuit · May 22, 2017

administration of the well-pleaded-complaint doctrine”). 30 556 U.S. 49, 62 (2009) (“Under our precedent construing § 1331, as just explained, counterclaims, even if they rely exclusively on federal substantive law, do not qualify … Even if it does not re-file its claim as a counterclaim, it clearly intends to use it as a setoff to Ms. McCutchen’s claims.

Rummans v. HSBC Bank

Court of Appeals for the Fifth Circuit · Aug 26, 2026

They qualified because Rummans was an Army Reserve soldier from December 2003 to December 2020. The loan was eventually assigned to HSBC and serviced by SLS. Rummans submitted no payments for at least a decade. … On appeal from a bench trial, we review findings of fact for clear error and mixed questions and conclusions of law de novo. 5 “A factual finding is clearly erroneous when although there is evidence to support it, the

Wang v. Paxton

Court of Appeals for the Fifth Circuit · Dec 11, 2025

Both arguments fail for the same reason: Wang clearly is not domiciled in China. And Wang’s argument does not meet the certification standard in any event. See Stanford ex rel. Phillips v. Brandon Nursing & Rehab. … Here, however, the plaintiff must establish standing.

United States v. Frank Ragano

520 F.2d 1191 · Court of Appeals for the Fifth Circuit · Oct 14, 1975

An indictment for a new and different crime is clearly not double jeopardy”. 442 F.2d at 1056. … Clearly, this evidence did not prejudice Ragano’s case.

Jones v. Admin of the Tulane Educ

51 F.4th 101 · Court of Appeals for the Fifth Circuit · Oct 11, 2022

As discussed, Tulane has not established in the record that the Students agreed to and signed the A&DS. … Not directly or clearly expressed; communicated only vaguely or indirectly . . . 2. Recognized by law as existing inferentially”).

Murrell v. Casterline

307 F. App'x 778 · Court of Appeals for the Fifth Circuit · Mar 25, 2008

Moreover, the defendants are not entitled to qualified immunity. See Rochon, 122 F.3d at 320. … The deemed admissions conclusively establish that the defendants were deliberately indifferent to Murrell’s serious medical needs.

Consumers' Research v. FCC

109 F.4th 743 · Court of Appeals for the Fifth Circuit · Jul 24, 2024

See 5 U.S.C. § 702 (waiving sovereign immunity for actions against agencies seeking relief “other than money damages”). … But as a general matter, “[t]he founding-era rule against subdelegation of delegated agency authority is as clearly established as any proposition of law can be established.” Id. at 114.

United States v. Robert Anthony Prati

861 F.2d 82 · Court of Appeals for the Fifth Circuit · Nov 16, 1988

Ross, 5 the Supreme Court made it clear that closed containers, such as the defendant’s briefcase, are not immune from the search: “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search … In Beechum we established a two-pronged analysis for determining the admissibility of evidence of extrinsic acts or offenses.

Morrow v. Harwell

768 F.2d 619 · Court of Appeals for the Fifth Circuit · Aug 2, 1985

See State Bar of Texas, Rules and Regulations Governing Participation of Qualified Law Students and Qualified Unlicensed Law School Graduates in the Trial of Cases in Texas (unpublished, approved by the Supreme Court of Texas … The Supreme Court has recently told the Congress that it must state its intention in the statute itself if it is to exercise its power to abrogate Eleventh Amendment immunity; an intent to do so will not be inferred.

Hodgson v. First Federal Savings & Loan Ass'n of Broward County

455 F.2d 818 · Court of Appeals for the Fifth Circuit · Jan 25, 1972

In seeking to establish at trial that Mrs. … Defendant urges that this finding of fact is insulated by the clearly-erroneous standard of F.R.Civ.P. Rule 52(a).

Tony Vann v. Gilbert

482 F. App'x 876 · Court of Appeals for the Fifth Circuit · Jun 5, 2012

Humphrey, 512 U.S. 477 (1994), and in the alternative, because defendant-appellees are entitled to qualified immunity. … “To prevail on an excessive force claim, a plaintiff must establish: (1) injury (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable

Smith v. City of Jackson MS

351 F.3d 183 · Court of Appeals for the Fifth Circuit · Dec 5, 2003

each retiree’s total pension benefits are ultimately determined by his actual life span; any differential in benefits paid to men and women in the aggregate is thus “based on [a] factor other than sex,” and consequently immune … The magistrate judge clearly ordered the defendants to turn over various discovery documents, including documents that *198 were responsive to the plaintiffs’ initial disclosure request.

Stuart Ex Rel. B.O.S. v. City of San Antonio

561 F. App'x 404 · Court of Appeals for the Fifth Circuit · Apr 9, 2014

Her allegations against the State of Texas fail because she has not established standing and because of state sovereign immunity. Pennhurst State School and Hospital v. Haldermann, 465 U.S. 89, 100-01 (1984). … Her claims against the Bexar County District Attorney fail because she has not established standing and because of prosecutorial immunity. Imbler v. Pachtman, 424 U.S. 409, 431 (1976).

Silva v. Vowell

621 F.2d 640 · Court of Appeals for the Fifth Circuit · Jun 26, 1980

involving federal law and federal policy, rather than perforce to dismiss the claim and relegate it to a state forum. 17 In Hagans the Court said, "In none of these cases did the Court think that with jurisdiction fairly established … This argument is premised on the contention that no one who was denied benefits under the sixty-day eligibility requirement is now likely to be able to qualify under the thirty-day eligibility requirement.