Case law

Nelson v. Quarterman

472 F.3d 287 · Court of Appeals for the Fifth Circuit · Dec 14, 2006

Clearly Established Federal Law Under AEDPA, our duty is to determine whether the state court’s determination was contrary to or an unreasonable application of clearly established federal law … (“[W]hatever would qualify as an old rule under our Teague jurisprudence will constitute ‘clearly established Federal law, as determined by the Supreme Court of the United States.’”) (referencing Teague v.

Black v. J.I. Case Co., Inc.

22 F.3d 568 · Court of Appeals for the Fifth Circuit · May 27, 1994

We, too, have recognized that (except in cases of qualified or absolute immunity) a district court "has the discretion to deny a [motion for summary judgment] even if the movant otherwise successfully carries its burden of … Here, the evidence was not such as to require the jury to find that the defective condition was a cause of Decedent's injuries. 7 Therefore, the change in analysis does not establish that the district court erred in denying

Sterling v. Scott

57 F.3d 451 · Court of Appeals for the Fifth Circuit · Jun 22, 1995

In McFarland, however, the Supreme Court clarified this misunderstanding and held that § 848(q)(4)(B) established a right to federally funded legal assistance in the preparation of the federal … Counsel who are appointed and qualified and whose pay is approved by federal judges are ultimately controlled by and responsible to federal courts.

Gonzales v. H.E. Butt Grocery Co.

226 F. App'x 342 · Court of Appeals for the Fifth Circuit · Mar 14, 2007

On appeal, Gonzales only asserts that Cabrera could not be entitled to qualified immunity because she is a privately employed nurse assigned to a jail. … It did not apply qualified immunity analysis to this claim. Consequently, his argument fails. D.

United States v. Mudekunye

646 F.3d 281 · Court of Appeals for the Fifth Circuit · Jul 11, 2011

“A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” United States v. Valencia, 44 F.3d 269, 272 (5th Cir.1995). a. … Its commentary states: To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.

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).

D.L. Markham v. Variable Annuity Life

88 F.4th 602 · Court of Appeals for the Fifth Circuit · Dec 14, 2023

Variable Annuity Life Insurance Company (“VALIC”) is an insurance corporation that specializes in tax-qualified retirement plans. … The regulations state that, in order to qualify for an exemption from § 1106(a), pension plan service providers must meet specific disclosure requirements. Id.

Seantrey Morris v. Joseph Mekdessie

Court of Appeals for the Fifth Circuit · Apr 26, 2019

Morris fails to show that the level of force Mekdessie applied was constitutionally unreasonable in light of clearly established law, as he must to overcome Mekdessie’s qualified immunity defense. See Griggs v. … Brewer, 841 F.3d 308, 314–15 (5th Cir. 2016) (granting qualified immunity to an officer conducting a similar takedown maneuver).

Roger C. Johnson, Cross-Appellant v. Albert Franco, Shannon J. Wall, Martin F. Hickley, Cross-Appellees

727 F.2d 442 · Court of Appeals for the Fifth Circuit · Mar 19, 1984

Section 302(e) of the Labor Management Relations Act, 29 U.S.C. § 186 (e), clearly provides the district courts with the jurisdiction to “restrain violations of this section [§ 302].” … Seamen become “licensed” by maritime authorities when found qualified to serve as officers on vessels. 2 .

United States v. Norman

415 F.3d 466 · Court of Appeals for the Fifth Circuit · Jul 1, 2005

It is clear that drugs inside a hand carried paper bag that Norman had complete control of and believed to contain drugs or money do not qualify as “hidden” for this purpose. … mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker. . . . .” 10 clearly

United States v. Efrain Ramirez

731 F.3d 351 · Court of Appeals for the Fifth Circuit · Sep 23, 2013

During the sentencing hearing, Ramirez objected to the probation officer’s conclusion that his prior New York conviction qualified as an aggravated felony. … The New York statute and the criminal information establish that his conviction was for the sexual assault of a minor. Cf. United States v.

Ayers v. Allain

914 F.2d 676 · Court of Appeals for the Fifth Circuit · Sep 28, 1990

The record indicated generally that the 4-H and homemaker clubs remained clearly racially identifiable. … These findings are not clearly erroneous.

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.

Kergosien v. Ocean Energy, Inc.

390 F.3d 346 · Court of Appeals for the Fifth Circuit · Nov 2, 2004

Federal law on arbitration is firmly and clearly established. ERISA, a newer federal law, that preempts much state law, is likewise firmly established in a number of areas. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Fei Bian v. Hillary Clinton

Court of Appeals for the Fifth Circuit · Apr 30, 2010

residence may be granted. 7  No. 09-10568 c/w No. 09-10742 in compliance with regulations that are clearly … within the agency’s discretion to establish, the federal courts are without jurisdiction to entertain her claim. 2.

Guidry v. LA Dept of Public Safety

Court of Appeals for the Fifth Circuit · Mar 11, 2026

A qualified-immunity defense changes the usual summary-judgment burden of proof. Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … “Once an official pleads the defense, the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

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).

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.

Natural Gas Pipeline Company of America v. Railroad Commission of Texas

679 F.2d 51 · Court of Appeals for the Fifth Circuit · Jun 24, 1982

. § 717 et seq., is a corporation organized under the laws of the State of Delaware and is qualified to do business in Texas. … The district court found that the safety regulations promulgated pursuant to the Natural Gas Pipeline Safety Act clearly overlap the requirements of Rule 36 and concluded, therefore, that Natural’s Maud Lateral facilities

Hopgood v. The City of Austin

284 F. App'x 190 · Court of Appeals for the Fifth Circuit · Jul 8, 2008

established law. … tual disputes may show that they are entitled to qualified immunity from liability.