Case law

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.

Nevett v. Sides

533 F.2d 1361 · Court of Appeals for the Fifth Circuit · Jun 8, 1976

None of the findings of fact, considered separately from the intermingled conclusions of law, can be set aside as clearly erroneous. Rule 52(a) F.R. Civ.P. … In 1972 there were again blacks and whites qualifying to run for office for the city offices. A larger number of blacks qualified than had in 1968.

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.

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

COASTAL PRODUCTION SERVICES INC. v. Hudson

555 F.3d 426 · Court of Appeals for the Fifth Circuit · Jan 14, 2009

Aluminum Co. of America, 35 BRBS 37 (2001), deal with situations in which there are clearly covered and clearly non- covered parts of an overall area. … [there], we affirm . . . that claimants’ injuries . . . occurred on a covered situs.”41 On the one hand, Hudson might have been injured while on the Cherokee, which clearly qualifies as a covered situs.

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).

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.

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.

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.

Carl Blue v. Rick Thaler, Director

665 F.3d 647 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

The court’s statement that an IQ score of 75 is “the base score that may qualify for a diagnosis of mental retardation”59 reflects the standard that the CCA announced in Hearn. … Quarterman, the decisions of the Supreme Court clearly establish that the instructions given to a capital jury are unconstitutional if there is: a reasonable likelihood that the jury would interpret the Texas

National Labor Relations Board v. Gulf-Wandes Corporation

595 F.2d 1074 · Court of Appeals for the Fifth Circuit · May 24, 1979

It is evident that the strike in the instant case qualified as an unfair labor practice strike, thereby entitling the employees to immediate reinstatement. … We are convinced that the Board’s conclusion on this point must fall for lack of substantial evidence. 9 The facts on record clearly established that Boatner was guilty of insubordinate conduct on October 22 and that Jackson

R.M. Perez & Associates, Inc. v. Welch

960 F.2d 534 · Court of Appeals for the Fifth Circuit · May 20, 1992

The magistrate also found, as a matter of law, that three plaintiffs had established a prima facie case of fraud in the factum, rendering their arbitration agreements void. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Moore v. Louisiana State

Court of Appeals for the Fifth Circuit · Mar 2, 2000

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right by the defendant. Id. … Second, a defense of qualified immunity will succeed if the defendant’s conduct was objectively reasonable at the time in light of clearly established law. Id.

Colorado Interstate Gas Co., a Delaware Corporation v. Hufo Oils, a Partnership

802 F.2d 133 · Court of Appeals for the Fifth Circuit · Nov 19, 1986

The record establishes that since 1954 the Bivens have repeatedly enforced the operating agreement against Colorado Interstate, that the Bivens recorded the agreement in 1980, and that the Bivens made at least four leases … This rule clearly precludes the classification as “crude petroleum oil” of liquids condensed in a lease separator or LTX unit.

Vitol v. United States

30 F.4th 248 · Court of Appeals for the Fifth Circuit · Mar 23, 2022

And those provisions leave no doubt that a given fuel is excluded from the tax regime for alternative fuels if it qualifies as a taxable fuel. … The above approach is simply not enough to show that Congress clearly intended a different meaning. III.

Reed v. Quarterman

555 F.3d 364 · Court of Appeals for the Fifth Circuit · Jan 12, 2009

Under § 2254(d)(1), a decision is contrary to clearly established federal law if “the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law” or “confronts facts that are … Although “a trial court’s ruling on the issue of discriminatory intent must be sustained unless it is clearly erroneous,” Snyder v.

Eliza M. Woodson v. Richard S. Schweiker, Secretary of Health and Human Services

656 F.2d 1169 · Court of Appeals for the Fifth Circuit · Sep 25, 1981

Neither of these factual findings are established by this record. … Clearly, Ethel was not the wife of Rushell on June 3, 1975, almost five years after she married Stephens.