Case law

Rizzo v. Children's World

Court of Appeals for the Fifth Circuit · May 4, 1999

We have already established that the burden of proof that Rizzo constituted a direct threat falls on the appellant. … In the light most favorable to Rizzo, a reasonable juror could clearly find she was demoted.

Doris Vicknair v. Sears, Roebuck & Co. And Allstate Insurance Company

857 F.2d 247 · Court of Appeals for the Fifth Circuit · Aug 11, 1988

The very case primarily relied upon by the appellant clearly recognizes that limitation. Batiste v. Boh Bros. Const. Co., 404 So.2d 1348 (La.App.1981) (citing Richards v. Marlow, *249 347 So.2d 281 (La.App.1977)). … No fault of Sears was established. The trial court correctly directed a verdict on the strict liability claim.

Continental Oil Company v. Bonanza Corporation, and Republic Insurance Company

706 F.2d 1365 · Court of Appeals for the Fifth Circuit · Jun 16, 1983

. -, -, 102 S.Ct. 2727, 2738-39 , 73 L.Ed.2d 396, 410 (1982) (abandoning subjective element of good faith test and announcing standard that “conduct [must] not violate clearly established statutory or Con *1371 stitutional … Even though Bonanza was an independent contractor, Conoco was not necessarily immune from liability.

Trust Co. of Louisiana v. N.N.P. Inc.

92 F.3d 341 · Court of Appeals for the Fifth Circuit · Aug 23, 1996

If obtaining funds secured by a pledge of securities qualifies as a purchase, certainly obtaining funds secured by a pledge of a GNMA or an interest in a GNMA also qualifies. … To establish that a defendant had the requisite scienter and knowingly made material misrepresentations, a Section 10b-5 plaintiff must establish that the defendant intended to deceive, manipulate or defraud.

Bisson v. Howard

224 F.2d 586 · Court of Appeals for the Fifth Circuit · Jun 30, 1955

a Uniform Code of Military Justice applicable to all members of the military establishment. … The revised Articles, and their successor — the new Code — also establish a hierarchy within the military establishment to review the convictions of courts-martial, to ferret out irregularities in the trial, and to enforce

Howard Fine, Oakhill South Corporation, Eugene Vanderford, Dr. Charles Yates, and John v. Yates v. American Solar King Corp., Main Hurdman, James Randall v. Brian D. Pardo, Main Hurdman

919 F.2d 290 · Court of Appeals for the Fifth Circuit · Dec 4, 1990

They also argue that Main Hurdman knew that its qualifying statement was false. … Rather, Main Hurdman argues that such knowledge did not establish scienter because, in order to establish scienter, it must have known that the omitted fact created a "danger of misleading buyers" or the danger must have

Fortenberry v. State of Texas

75 F. App'x 924 · Court of Appeals for the Fifth Circuit · Sep 16, 2003

The plaintiff must first establish a prima facie case of racial discrimination by showing: 1) she belongs to a protected class; 2) she was qualified to do her job; 3) despite her qualifications, her employment situation … To establish a prima facie case of failure to promote the plaintiff must show: 1) she belongs to a group protected by Title VII; 2) she applied for and was qualified for a job for which the employer was seeking applicants

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI COLLEGE, Defendant-Appellee

626 F.2d 477 · Court of Appeals for the Fifth Circuit · Nov 12, 1980

Establishment Clause The establishment clause of the first amendment prohibits Congress from enacting any law “respecting an establishment of religion.” U.S.Const. Amend. I. … The information requested by the EEOC’s subpoena does not clearly implicate any religious practices of the College.

Harriet Marie Jackson v. Victor G. Walker, Warden, Louisiana Correctional Institute for Women

585 F.2d 139 · Court of Appeals for the Fifth Circuit · Dec 4, 1978

In a revealing footnote, the Court said: “This would clearly be a different case if the State had shown that it was impossible to proceed on *143 the more serious charge at the outset.” … Aggravated Kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity

Doe ex rel. Doe v. Santa Fe Independent School District

168 F.3d 806 · Court of Appeals for the Fifth Circuit · Feb 26, 1999

Weisman, 505 U.S. 577 , 112 S.Ct. 2649 , 120 L.Ed.2d 467 (1992). 3 The Court in Lee clearly held that the nonsectarian nature of a graduation prayer cannot save an otherwise unconstitutional graduation policy from the Establishment … Because the Court refused to find that the nonsectarian' nature of a prayer could save it from Establishment Clause scrutiny, the Court did not need to decide whether this oration qualifies as nonsectarian or nonproselytizing

Ft Bend Cty v. US Army Corps

59 F.4th 180 · Court of Appeals for the Fifth Circuit · Feb 2, 2023

Waivers of sovereign immunity must be strictly construed in favor of the sovereign. Alabama-Coushatta Tribe of Tex., 757 F.3d at 488. … The potential damages alleged by the complaint clearly exceed $10,000, which would place exclusive jurisdiction with the Claims Court.

Robert Sawyer v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Respondent

848 F.2d 582 · Court of Appeals for the Fifth Circuit · Aug 25, 1988

Weidner managed to secure some assistance from several other attorneys, but no “death-qualified” attorney was ever appointed as co-counsel. … Sawyer’s reading of Strickland as establishing a generally applicable two-pronged test for presumptive prejudice is clearly in error.

Mary A. COLLINS, Plaintiff-Appellant, v. BAPTIST MEMORIAL GERIATRIC CENTER, and Odus Taylor Henley, Defendants-Appellees

937 F.2d 190 · Court of Appeals for the Fifth Circuit · Aug 29, 1991

He suggested that Henley’s secretary was “put into a position before [he] left that she was not qualified for” because of her relationship with Henley. … Collins points out that she also testified that other women receptive to Henley received preferences, but of course this does not make the finding clearly erroneous.

Berkshire Mutual Insurance Company v. Richard G. Moffett, Jr.

378 F.2d 1007 · Court of Appeals for the Fifth Circuit · Jun 13, 1967

For it is settled that the owner of personal property is qualified by his ownership alone to testify as to its value. … The defendant’s next contention is that the evidence clearly established that the plaintiff had attempted to defraud by falsely including in his •original claim items which were not in the building at the time of the fire

Trust Company of LA v. N N P Incorporated

104 F.3d 1478 · Court of Appeals for the Fifth Circuit · Jan 23, 1997

DISCUSSION Standard of Review Findings of fact are reviewed under a clearly erroneous standard, and conclusions of law are viewed de novo. Fiberlok, Inc., v. … If obtaining funds secured by a pledge of securities qualifies as a purchase, certainly obtaining funds secured by a pledge of a GNMA or an interest in a GNMA also qualifies.

Janet L. Vaught v. Showa Denko K.K.

107 F.3d 1137 · Court of Appeals for the Fifth Circuit · Mar 10, 1997

They establish a “point of repose” and operate to “terminate stale claims”. Murray, 800 S.W.2d at 828 . … conflicts with the well-established federal practice on class action tolling.

Keko v. Hingle

Court of Appeals for the Fifth Circuit · Jan 14, 2000

First, we examine the complaint to determine whether plaintiff has alleged that Guey violated his clearly established constitutional rights. If so, we consider whether Guey’s conduct was reasonable. … Taking the allegations of the complaint as true, Keko has alleged an objectively unreasonable violation of his clearly established Fourth Amendment rights sufficient to withstand a motion to dismiss. See Hale v.

John F. Masterson, Jr. v. Jo Anne B. Barnhart, Commissioner of Social Security

309 F.3d 267 · Court of Appeals for the Fifth Circuit · Sep 4, 2002

The diagnosing psychotherapist also established a working diagnosis of alcohol dependence by history, and a probable personality disorder, not otherwise specified, with dependent, self-defeating features. … Masterson objects that the ALJ asked Marion improper hypothetical questions about Masterson’s abilities, but the record clearly reflects that the ALJ scrupulously incorporated into the hypothetical questions all of Masterson

Hillyer v. Garza

Court of Appeals for the Fifth Circuit · Dec 20, 2002

They argue that the medical treatment they provided to inmate James Hillyer for his complaints of abdominal pain was objectively reasonable in light of clearly established law. 1 Pursuant to 5TH CIR. … summary judgment on the question of qualified immunity.”

Texas General Petroleum Corporation. v. Leyh

52 F.3d 1330 · Court of Appeals for the Fifth Circuit · Jun 1, 1995

The approved Plan clearly gives the Liquidating Trustee the power to assert avoidance actions. … Furthermore, the Liquidating Trustee qualifies as a representative of the estate because the proceeds obtained from its actions benefit the unsecured creditors.