Case law

John C. Higgins, Cross-Appellant v. Smith International, Inc., Cross-Appellee

716 F.2d 278 · Court of Appeals for the Fifth Circuit · Sep 21, 1983

If Higgins’ failure to request a new trial qualifies as an acceptance of the remittitur, the reduced judgment became final and appealable on the day his right to seek a new trial lapsed. … Like the jury’s finding on whether a contract existed, this decision cannot be upset unless clearly erroneous. Evidence before the jury established that the company had no complaint about Higgins’ work.

Ludivina Estrada v. Michael Wallace

849 F.3d 627 · Court of Appeals for the Fifth Circuit · Feb 24, 2017

The district court granted that motion in full. 3 Starnes’s affidavit states that this meeting took place in December 2012, but given that it clearly indicates that Starnes was still working there at the time … We thus find that Starnes has established the causal link required to establish a prima facie case. 7 7 Daybreak argues Starnes is unable to establish the causal link for another reason.

Bullard v. City of Houston

Court of Appeals for the Fifth Circuit · Jul 11, 1996

Qualified immunity extends to governmental officials performing discretionary functions "insofar as their conduct does not violate clearly established statutory or constitutional rights of … To overcome a qualified immunity defense, the plaintiff must allege facts that, if proved, would demonstrate that the defendants violated clearly established statutory or constitutional rights. Wicks v.

Donald Price and Melvin E. Price, Minors by Their Father and Next Friend, Jesse Price v. The Denison Independent School District Board of Education

348 F.2d 1010 · Court of Appeals for the Fifth Circuit · Jul 2, 1965

Judge Wisdom, for the Court, wrote: “We attach great weight to the standards established by the Office of Education. … Methods of Compliance — General Elementary and secondary schools or school systems may qualify for Federal financial assistance by: A.

Huskey v. Jones

45 F.4th 827 · Court of Appeals for the Fifth Circuit · Aug 16, 2022

Because Huskey established a genuine dispute of material fact as to whether administrative remedies were available to him, we REVERSE. I. … Instead, they contend that Huskey was “clearly provided a copy of Chapter 8 of the inmate handbook and was informed he could ask his case manager for a copy of the handbook.”

National Association for the Advancement of Colored People v. Allen Thompson, Mayor of the City of Jackson, Mississippi

357 F.2d 831 · Court of Appeals for the Fifth Circuit · Apr 20, 1966

There was no large crowd attracted by the picketing nor was there any blocking of the entrances to business establishments. … C.I.O., 307 U.S. 496 , 59 S.Ct. 954 , 83 L.Ed. 1423 (1939)), but others were clearly unjustified.

United States v. Fulton Distillery, Inc.

571 F.2d 923 · Court of Appeals for the Fifth Circuit · Apr 21, 1978

The controversy at hand bears a substantial relation to an established operation of the national government — the securing of tax revenue. … United States, 1943, 318 U.S. 363 , 63 S.Ct. 573 , 87 L.Ed. 838 , the outcome is clearly a matter of federal substantive law.

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

Monique Fraser v. Patrick O'Connor & Associ

Court of Appeals for the Fifth Circuit · Apr 7, 2020

A factual finding is clearly erroneous only if, “based upon the entire record, we are ‘left with the definite and firm conviction that a mistake has been committed.’” S. Travel Club, Inc. v. … With respect to the underlying facts, the employer has the burden of establishing that an exemption applies by a preponderance of the evidence. Meza v. Intelligent Mexican Mktg., Inc., 720 F.3d 577, 581 (5th Cir. 2013).

Hypes v. First Commerce Corp

Court of Appeals for the Fifth Circuit · Feb 12, 1998

Hypes was not “otherwise qualified” for his job because: 1) as 3 Unlike the LCRHP, the ADA does not use the terminology “otherwise qualified”. … CONCLUSION Hypes cannot succeed on his claims under the ADEA, LADEA or FMLA, because the evidence clearly establishes that Hypes was fired for excessive absenteeism, not because of his Age or requests for leave.

Harris v. The City of Houston

151 F.3d 186 · Court of Appeals for the Fifth Circuit · Aug 12, 1998

. *189 Their claims regarding the allegedly discriminatory purpose and impact of the annexation, styled under the Voting Rights Act as well as the Fifteenth Amendment, are therefore not before us. 3 II “To qualify as a case … Harris also argues that his constitutional claims fall within the "capable of repetition yet evading review” exception to the mootness doctrine because “[sjome possibility clearly exists that the City would implement future

Jones v. Menard

559 F.2d 1282 · Court of Appeals for the Fifth Circuit · Sep 28, 1977

Charles selected a *1285 grade of pipe too weak for the purpose intended. 4 If this be true, and if Glazer could so establish as a matter of law, doubtless it would be entitled to summary judgment. … Reineke’s report seems clearly inadmissible at a hearing on a summary judgment motion. First of all, Reineke himself was not qualified as an expert. His report, therefore, provides no proof of evidence that St.

United States v. Frank Landry

903 F.2d 334 · Court of Appeals for the Fifth Circuit · May 30, 1990

Landry’s wallet was found in this bag, and the contents of the wallet clearly support the conclusion that the wallet belonged to Landry. … The present case, however, is clearly distinguishable from Diaz-Villafane because the involvement of the minor here was the only ground for the upward departure.

Wells v. Williams

241 F. App'x 221 · Court of Appeals for the Fifth Circuit · Jul 31, 2007

clearly established [constitutional] rights, and (2) allege conduct that is objectively unreasonable.” … The district court erred in dismissing the complaint based on qualified immunity at this stage of the proceeding.

Campbell Taggart, Inc. v. United States

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

We see no principled reason, however, for exempting holding and investment companies from the established rule that expenditures for the protection of existing goodwill are currently deductible. 35 Clearly, had CTI made direct … though the parent cannot establish any direct benefit to its business.

James Wetherbe v. Texas Tech University System, et

699 F. App'x 297 · Court of Appeals for the Fifth Circuit · Jun 23, 2017

However, in order to establish a First Amendment claim based on such speech, a public employee must first “establish that his speech involves a matter of public concern.” United States Dep’t of Justice v. Fed. … On appeal, Defendants argue that sovereign immunity bars all claims against TTU.

Jeffrey Henry Caldwell v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

226 F.3d 367 · Court of Appeals for the Fifth Circuit · Aug 30, 2000

position that the prosecution did “not believe that the defendant is suffering from any mental disorders rendering him incompetent to be executed,” but that “as a precautionary measure,” the district court ought to appoint two qualified … “Stated simply, a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” See id. at 1521.

Davis v. Allen Parish Service District

210 F. App'x 404 · Court of Appeals for the Fifth Circuit · Dec 18, 2006

Barrilleaux also asserted the defense of qualified immunity, relying heavily on the factual circumstances surrounding Davis’s phone call to the Secret Service. … Barrilleaux additionally argued that he was entitled to qualified immunity because his conduct in terminating Davis was objectively reasonable.

J. W. Scarboro, Jr., and Mrs. Nan C. Scarboro v. Universal C. I. T. Credit Corporation

364 F.2d 10 · Court of Appeals for the Fifth Circuit · Jul 25, 1966

We hold that the guaranty in this case qualifies under Georgia law as an enforceable contract for obligations accruing after its execution. 7 III. Mr. and Mrs. … Universal C.I.T. still seeks a judgment against the Scarboros to establish their joint and several liability under the May 1 guaranty. 4 .

Bobbie J. Roberts v. Commissioner of Internal Revenue

860 F.2d 1235 · Court of Appeals for the Fifth Circuit · Nov 14, 1988

for such taxable year *1239 an item of community income properly includible therein which, in accordance with the rules contained in section 879(a), would be treated as the income of the other spouse, (3) the individual establishes … In conclusion, we find that the Tax Court properly determined that Taxpayer did not qualify for relief from tax liability under 26 U.S.C. § 66 (c).