Case law

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.

James D. Hodgson, Secretary of Labor, U. S. Department of Labor v. The Behrens Drug Company

475 F.2d 1041 · Court of Appeals for the Fifth Circuit · Mar 7, 1973

Ample facts support the district court’s finding and that finding is not clearly erroneous. Rule 52, F.R. Civ.P. … in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility

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.

Danyal Shaikh v. Texas A&M Univ Clge of Medc, et a

Court of Appeals for the Fifth Circuit · Jun 21, 2018

The pituitary tumor that afflicted Shaikh is clearly a “physical impairment.” … Even if Shaikh could establish that he had or was regarded as having had a cognizable disability, he fails to plausibly allege that he was otherwise qualified or that he requested and was refused reasonable accommodations

Louisiana Environmental Action Network v. United States Environmental Protection Agency

382 F.3d 575 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

by law cannot qualify as a contingency measure; and (3) reductions outside the Baton Rouge non-attainment area, without a finding that such reductions improve air quality within the Baton Rouge area, cannot qualify as a … The "one-hour” standard was established by the EPA in 1979. 40 C.F.R. § 50.9 . In 1997, the EPA established an eight-hour standard for ozone in accordance with CAA § 109(d), 42 U.S.C. § 7409 (d)(1). 40 C.F.R. § 50.10 .

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

Gurski v. De Leon

Court of Appeals for the Fifth Circuit · Apr 24, 1998

a clearly established right” under “currently applicable constitutional standards.”3 If so, we then decide if the defendant’s conduct was “objectively reasonable in the light of the clearly established law at the … time of the incident.”4 De Leon asserts that he is entitled to immunity because Gurski fails to allege the violation of a clearly established constitutional right.

Blank v. United States

Court of Appeals for the Fifth Circuit · Jan 31, 2023

(Blank’s claims against the two other defendants were dismissed on qualified-immunity grounds at the summary-judgment stage and were not timely appealed. … As for the bill of costs, Federal Rule of Civil Procedure 54(d)(1) establishes “a strong presumption that the prevailing party will be awarded costs”. Pacheco v. Mineta, 448 F.3d 783, 793 (5th Cir. 2006).

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.

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.

Maureen E. Coughlin and Frank S. Mistretta v. Harry Lee A/K/A Jefferson Parish Sheriff

946 F.2d 1152 · Court of Appeals for the Fifth Circuit · Nov 12, 1991

During the early 1980’s he established a program known as “Operation Wake-Up,” designed to discourage local high school children from becoming involved in criminal activities. … Evidence of repeated disparity in the punishment meted out to Lee’s supporters and non-supporters is clearly relevant in considering pretext.

United States v. Eugene Leslie

783 F.2d 541 · Court of Appeals for the Fifth Circuit · Feb 20, 1986

We should at least be wary of exalting a procedure not protected by the Constitution over a clearly established constitutional principle. … Even Swain clearly stands for the proposition that peremptory challenges are not wholly immune from constitutional implications.

Maria Pilar White v. Lee Marine Corporation

434 F.2d 1096 · Court of Appeals for the Fifth Circuit · Dec 1, 1970

Nonetheless, it is well established that: 5 The question of whether a device is so lacking in substance as to be improper and collusive under Section 1359 is a question of fact. McSparran v. … The record and briefs clearly reflect that appellants will be afforded state court remedies without the imposition of an 'unreasonable burden.'

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

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.

Anwar v. Immigration & Naturalization Service

107 F.3d 339 · Court of Appeals for the Fifth Circuit · Mar 13, 1997

It is clearly established that the Fifth Amendment of the United States Constitution entitles aliens to due process of law in deportation proceedings. Animashaun v. … As Anwar clearly failed to present a prima facie case that he is a refugee, see Guevara Flores v.

Florida Sugar Cane League, Inc. v. W. J. Usery, in His Capacity as Secretary of Labor, United States Department of Labor

531 F.2d 299 · Court of Appeals for the Fifth Circuit · May 10, 1976

Neither the statute nor the regulations establish a formula for the Secretary’s computation of the “adverse effect wage rate.” … adverse effect wage rate and the circumstances behind it were stated by the Secretary in the Federal Register. 3 The League objects that the use of the 1974 Sugar Act rate by the Secretary as a base for 1975 calculations clearly

Jane Doe v. Edgewood Indep School District

964 F.3d 351 · Court of Appeals for the Fifth Circuit · Jul 6, 2020

EISD filed a motion for reconsideration, arguing that Doe had failed to establish a genuine dispute of material fact as to municipal liability. … to the non-moving party.”9 Summary judgment must dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity

Tracey Johnson v. City of Shelby, Mississip

743 F.3d 59 · Court of Appeals for the Fifth Circuit · Nov 19, 2013

Certain consequences flow from claims under § 1983, such as the unavailability of respondeat superior liability, which bears on the qualified immunity analysis. See id. … As appellees concede, these cases “clearly contradict one another on the question of whether a plaintiff alleging malicious interference by a public employee must satisfy the notice requirements of § 11-46-11 of the MTCA.

Julius Ducre v. The Executive Officers of Halter Marine, Inc.

752 F.2d 976 · Court of Appeals for the Fifth Circuit · Mar 14, 1985

The corporate employer itself, however, was immune to similar suits. Id. … Although it carries the qualified commendation of the highest court of Louisiana, the contraction theory is not the law of Louisiana on this issue.