Case law

Lewis Brisbois v. Bitgood

Court of Appeals for the Fifth Circuit · Oct 23, 2025

We may reverse such an award only if the court “base[d] its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” ASHH, Inc. v. … The district court ruled attorney immunity did not apply because Beers did not meet his “burden of conclusively establishing that [his] involvement in the registration of the Lewis Brisbois entity falls within the scope of

Frank B. Hayne v. B.J. Hardy and Ernest Wood, Jr.

802 F.2d 826 · Court of Appeals for the Fifth Circuit · Oct 20, 1986

Ct.App.1983), established that professionals rendering services must do so on a continuing basis in order to qualify for recovery under the statute. 3 In 1983, however, Subsection C of § 9:2781 was amended to provide: ... … Appellant's reliance on Weedon to establish that attorney’s services can provide a basis for an open account is misplaced.

United States v. Alfonso Lopez, Jr.

2 F.3d 1342 · Court of Appeals for the Fifth Circuit · Nov 10, 1993

GARWOOD, Circuit Judge: The United States Constitution establishes a national government of limited and enumerated powers. … Because Congress had not clearly expressed its intent to do so, the Court therefore adopted the narrower construction of the statute: “[Ujnless Congress conveys its purpose clearly, it will not be deemed to have significantly

McFarland v. Perez

Court of Appeals for the Fifth Circuit · Jan 6, 2000

There is no evidence that Perez did anything regarding the prison conditions to violate McFarland’s clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. … In the present case, the qualified immunity issue was clearly set forth in a motion for summary judgment.

Arthur Hypolite v. City of Houston, Texas

493 F. App'x 597 · Court of Appeals for the Fifth Circuit · Oct 15, 2012

We next consider whether Garrett and Pratt show that they were clearly better qualified than the successful applicant. “Showing that two candidates are similarly qualified does not establish pretext.” Price v. Fed. … Garrett and Pratt fail to establish that they were clearly better qualified.

Thomas Goins v. J. Wayne Allgood, Warden, Louisiana State Penitentiary

391 F.2d 692 · Court of Appeals for the Fifth Circuit · Mar 12, 1968

That clearly appears when we quote the entire sentence from its beginning: “His only claim is the right to be indicted and tried by juries from which all members of his class are not systematically excluded —juries selected … from among all qualified persons regardless of national origin or descent.

Herbert Fletcher v. United States

452 F. App'x 547 · Court of Appeals for the Fifth Circuit · Dec 6, 2011

“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit. Sovereign immunity is jurisdictional in nature. … Dalm, 494 U.S. 596, 601 (1990) (“Despite its spacious terms, § 1346(a)(1) must be read in conformity with other statutory provisions which qualify a taxpayer’s right to bring a refund suit upon compliance with certain conditions

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).

United States v. Patrick Lanier

879 F.3d 141 · Court of Appeals for the Fifth Circuit · Jan 2, 2018

The government contends that each of Lanier’s criminal acts qualify for one reason or another. We place Lanier’s acts in two categories. … Assuming the soundness of the argument’s premise, Lanier has failed to show that the district court clearly erred. United States v.

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

James Lee Marion v. Dr. George J. Beto, Director, Texas Department of Corrections

434 F.2d 29 · Court of Appeals for the Fifth Circuit · Jan 4, 1971

This Circuit has never decided this precise question so that our decision here will establish a precedent, for the present at least. After some hesitation, we are inclined to agree with the cases last cited. … The district judge resolved this conflict in the testimony by finding as a fact that no juror had been excused without proper questioning, and we concluded that his findings were not clearly erroneous.

Firefighters' Retirement System v. Citco Group Ltd.

796 F.3d 520 · Court of Appeals for the Fifth Circuit · Aug 6, 2015

reasoned that “ ‘§ 1447(d) must be read in pari *525 materia with § 1447(c), so that only remands based on grounds specified in § 1447(c)’ ” — lack of subject matter jurisdiction or procedural defects in removal— “ ‘are immune … If one reads the rest of the subsection after the initial clause, the subsection clearly distinguishes between a “case” and a “proceeding.”

Priester v. Lowndes County

354 F.3d 414 · Court of Appeals for the Fifth Circuit · Jan 9, 2004

established rights, and thus, violates the Equal Protection clause.7 A. … Priester contends that the use of racial epithets, combined with other conduct, deprived her son of his clearly established rights.

Cargill, Inc. v. United States

173 F.3d 323 · Court of Appeals for the Fifth Circuit · Apr 19, 1999

The agency must publish notice in ihe Federal Register when an advisory committee “is being established, used, re-established, or renewed.” 41 C.F.R. § 101-6.1015 (a) (1997). … established by agencies.

Taylor v. St. Clair

685 F.2d 982 · Court of Appeals for the Fifth Circuit · Sep 16, 1982

STATUTORY SCHEME 13 The State of Mississippi participates in Medicaid, a joint federal-state program providing medical assistance to qualified recipients. Title 42 U.S.C. § 1396 . … A qualified provider must abide by these regulations as a condition of participation in the Medicaid Program.

Harper v. Lumpkin

19 F.4th 771 · Court of Appeals for the Fifth Circuit · Dec 1, 2021

“Under these circumstances, we may not issue a COA unless reasonable jurists could debate that the state court’s decision was either ‘contrary to, or involved an unreasonable application of, clearly established Federal … death penalty clearly.

Alejandro Leal v. Richard Wiles

Court of Appeals for the Fifth Circuit · May 8, 2018

immunity. … 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

Frasier v. Fox

Court of Appeals for the Fifth Circuit · Nov 20, 2008

A qualified immunity defense requires a two step analysis. … If a constitutional violation is found, the qualified immunity inquiry continues and examines whether the constitutional rights violated were clearly established to 3

60 Fair empl.prac.cas. (Bna) 93, 60 Empl. Prac. Dec. P 41,847 Rose L. Valdez v. San Antonio Chamber of Commerce and Joseph R. Krier, President, Board of Directors of the Greater San Antonio Chamber of Commerce, Etc.

974 F.2d 592 · Court of Appeals for the Fifth Circuit · Sep 25, 1992

American Airlines, 851 F.2d 1503, 1505 (5th Cir.1988). 17 In the present case, Valdez established a prima facie case of discrimination. … That contention conflicts with the clearly established rule that plaintiffs are not entitled to a jury trial when they are seeking only equitable relief under Title VII and, as such, we reject it. See Great Am. Fed.

Palmer v. Tata Consulting Services

Court of Appeals for the Fifth Circuit · Apr 29, 2026

H-1B visas are intended for temporary workers in specialized fields where the supply of qualified Americans is inadequate to meet employer demand. See 8 C.F.R. § 214.2(h)(1)(ii)(B). … Mkts., Inc., 377 F.3d 145, 153 (2d Cir. 2004) (The FCA clearly prohibits “actions that, on their face, seek to recover taxes.”). Palmer does not respond to these contrary authorities.