Case law

United States v. Fermin Rodriguez-Bernal

783 F.3d 1002 · Court of Appeals for the Fifth Circuit · Apr 3, 2015

Clearly, Harris’s administrative parole . . . was ordered by the Tennessee Depart- ment of Corrections rather than the state court that sentenced Harris to the concurrent three- year terms of imprisonment. … However, we do have a concession on the part of the Government establishing that, while Rodriguez-Bernal was serving his sentence, “an immigration judge ordered him removed.”

Dillon v. Texas Commission on Environmental Quality (In Re Dillon)

138 F. App'x 609 · Court of Appeals for the Fifth Circuit · May 23, 2005

se litigants have no general immunity from the rule that issues and arguments not briefed on The bankruptcy court denied the Dillons’ appeal are abandoned … LEXIS 4572, at *4 contingent, liquidated and unsecured, as required n. 6 (“[P]ro se litigants have no general immunity for disqualifying a party from chapter 13 relief from the rule that issues and arguments

The Talman Home Federal Savings & Loan Association of Illinois v. American Bankers Insurance

924 F.2d 1347 · Court of Appeals for the Fifth Circuit · Mar 7, 1991

In sum, “[wjhere a stranger contends that it was intended that the provisions of a contract should inure to his benefit such intention must be clearly apparent. … We hold that the Settlement Agreement does not suffice to qualify Taiman as a third-party beneficiary. Taiman has not met the elements of the Hellenic test for establishing third-party beneficiary status.

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.

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.

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.

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

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.

Mrs. Nancy K. Steele v. G. D. Searle & Co.

483 F.2d 339 · Court of Appeals for the Fifth Circuit · Oct 31, 1973

For despite earlier hints to the contrary 23 , the Supreme Court clearly indicated in its opinion in Hanson v. … Debts represent perhaps the easiest intangible assets to locate so long as the federal rule established in Harris remains — that a debt travels with the debt- or and can be attached, pursuant to state law, wherever the debtor

NGS American, Inc. v. Barnes

998 F.2d 296 · Court of Appeals for the Fifth Circuit · Aug 18, 1993

Masco established a Self-Funded Employee Benefit Plan (Masco Plan) to provide medical and other benefits to its employees. … Masco is clearly governed by ERISA, and NGS is its administrator.

Freeport Oil Company v. Federal Energy Regulatory Commission

638 F.2d 702 · Court of Appeals for the Fifth Circuit · Aug 18, 1980

That Freeport qualified as a section 7 certificated producer is not in dispute. … It has, for example, been permitted to make sales at rates above the area ceiling for almost eleven months, and clearly this was possible only because [it] proceeded under [rule 2.75].

Wilson v. Nino

Court of Appeals for the Fifth Circuit · Aug 4, 2022

Where, as here, a qualified immunity defense is pleaded, the burden shifts to the plaintiff to rebut it by establishing a genuine issue as to whether the defendants’ allegedly wrongful conduct violated a clearly … Because Wilson has not shown that the defendants violated his constitutional rights, he has not met his burden of overcoming their qualified immunity defense. See Brown, 623 F.3d at 253.

Thibodeaux v. Executive Jet Internaional, Inc.

328 F.3d 742 · Court of Appeals for the Fifth Circuit · Apr 16, 2003

All in all, the Board’s definition of common carrier does not materially differ from the test this court established in Woolsey. Furthermore, in Valdivieso v. … a common carrier.”41 “What is crucial is that the common carrier defines itself through its own marketing efforts as being willing to carry any member of that segment of the public which it serves.”42 NetJets clearly

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.

Tanya Lyons v. Katy Independent School Dist

964 F.3d 298 · Court of Appeals for the Fifth Circuit · Jun 29, 2020

“REGARDED AS” DISABLED DISCRIMINATION CLAIM Under § 12112(a) of the ADA, an employer is generally prohibited from “discriminat[ing] against a qualified individual on the basis of disability in regard to job application … or practice made unlawful by [the ADA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [the ADA]”). 23 Lyons does not clearly

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

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

Texas Plastics, Inc., and Fred J. Meyer v. Roto-Lith, Ltd., and Harry Borak

250 F.2d 844 · Court of Appeals for the Fifth Circuit · Jan 9, 1958

Clearly the court was right in determining that this verdict was nothing more or less than a joint verdict. … On the defense of qualified privilege raised by appellants, this would go only to justify the otherwise slanderous statements made to the salesmen.

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.

Estate of Ira J. Sanders v. United States

736 F.3d 430 · Court of Appeals for the Fifth Circuit · Nov 21, 2013

although the plaintiff’s experts did not identify individual defendants by name, there was “a significant amount of expert testimony . . . regarding individual staff members’ negligence,” and “the depositions as a whole clearly … Sklaroff was qualified to give an expert opinion as to the standard of care applicable to a gastroenterologist such as Dr. Azzouz. 12