Case law

Billy Guice and Howard Claxton, Sr. v. Ray Fortenberry, Superintendent, East Carroll Parish Prison Farm,respondent-Appellee

661 F.2d 496 · Court of Appeals for the Fifth Circuit · Nov 18, 1981

I look for good qualified, decent and I generally think of his morals, also. And uh .. . that’s what I look for. … Alabama, 294 U.S. 587 , 55 S.Ct. 579 , 79 L.Ed. 1074 (1935), as being sufficient to establish a prima facie case.

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

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.

United States v. Uvaldo Ramirez-Cortinas

945 F.3d 286 · Court of Appeals for the Fifth Circuit · Dec 13, 2019

But the IJ found Ramirez had failed to establish any such threat. … Moreover, “[t]he law is clearly established that a showing of actual prejudice is required to succeed in such a collateral attack.”

Eddie M. Bigelow v. United Healthcare of Mississippi, Inc., F/k/a Complete Health of Mississippi, Inc., Municipal Corporation of Pass Christian

220 F.3d 339 · Court of Appeals for the Fifth Circuit · Jun 8, 2000

COBRA also requires that when enumerated “qualifying events” such as termination of employment occur, the “administrator” of a group health plan must again provide the affected employee with notice of his COBRA rights. 5 … governmental entity, however, and neither ERISA nor its COBRA provisions apply to government-sponsored health plans. 9 The rules for the provision of continuation coverage under government-sponsored health plans are instead established

Villegas v. Johnson

Court of Appeals for the Fifth Circuit · Aug 24, 1999

The parties dispute when a petition qualifies as “properly filed” under Texas law. … This Section clearly parallels Section 4 of Article 11.07. The comparison to Article 11.071 also benefits by consideration of Section 6 of Article 11.071.

Jesse Skinner v. Nathaniel Quarterman

544 F. App'x 345 · Court of Appeals for the Fifth Circuit · May 3, 2013

However, when, as here, the defendants have asserted qualified immunity in a summary judgment motion, “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 law.”

Allen M. Campbell Company General Contractors, Inc. v. Lloyd Wood Construction Co., Inc., and Hilary J. Sandoval, No. 30518 Summary Calendar. (1) Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409

446 F.2d 261 · Court of Appeals for the Fifth Circuit · Jul 9, 1971

It is better left to those having, or thought to have, a business-experience-oriented expertise. 11 The Small Business Administration, applying its own rules and following a long-established practice, twice found Campbell … (No. 145, May 25, 1965), App. pp. 289, 293 5 Clearly the momentum of recent Supreme Court decisions is in the direction of finding standing whenever 'the plaintiff alleges that the challenged action has caused him injury

Police Ass'n of New Orleans Ex Rel. Cannatella v. City of New Orleans

100 F.3d 1159 · Court of Appeals for the Fifth Circuit · Dec 10, 1996

While it is within my power to do so, the principles of federalism and comity as well as common sense dictate that I should not attempt the task of selecting the individuals best qualified for promotion … The district court's well-reasoned order clearly states the court's reasons for not specifying a remedy on April 4. The court struck a balance.

Dunagin v. City of Oxford

718 F.2d 738 · Court of Appeals for the Fifth Circuit · Oct 31, 1983

Clearly, state liquor laws are not immune from constitutional scrutiny. The Supreme Court has struck down such laws found in violation of the Establishment Clause, Larkin v. … Should this finding be subject only to a clearly erroneous standard of review? Clearly not.

Marshall v. Goodyear Tire & Rubber Co.

554 F.2d 730 · Court of Appeals for the Fifth Circuit · Jun 24, 1977

Since there is no proof that Reed was qualified to do the job, the argument goes, the Secretary failed to make a prima facie case. … We cannot say that the district court’s conclusion is clearly erroneous. Federal Rule of Civil Procedure 52(a).

Hendren v. Evert

Court of Appeals for the Fifth Circuit · Aug 26, 2003

Because there is little precedent concerning what qualifies as “alimony, support, or separate maintenance” under 11 U.S.C. § section: (1) . . . ... … The bankruptcy court, however, made one important clearly erroneous finding of historic fact.

Bush v. Viterna

740 F.2d 350 · Court of Appeals for the Fifth Circuit · Aug 20, 1984

The Commission was established by Tex.Rev. Civ.Stat. art. 5115.1 (Vernon Supp.1984) to adopt and enforce minimum jail standards for Texas county jails. … Moreover, the Texas Attorney General’s assertion that he does not represent counties is clearly a statement that he is not their "legal” representative.

John George Paschal v. United States

306 F.2d 398 · Court of Appeals for the Fifth Circuit · Jul 25, 1962

At the beginning of the trial, after the jury had been sworn and qualified, the court proceeded to examine them as to their particular qualifications and especially to determine if any of them were prejudiced. … The trial judge had clearly indicated that the trial must proceed. Counsel for the defendant could not, as a practical matter, accuse the jury of being prejudiced when it was apparent to him that the trial must go on.

United States v. Quintanilla

868 F.3d 315 · Court of Appeals for the Fifth Circuit · Aug 16, 2017

Each defendant also qualified as a career offender, resulting in a guideline range under § 4B1.1 based on that status. … However, these were dwarfed by the career offender guideline range under § 4B1.1, which established a base offense level of 34.

Edward R. Byrne, Jr. v. Charles Roemer, William J. Guste, Jr., Cecil P. Campbell Ii, Robert Hilton Butler, and Bruce N. Lynn

847 F.2d 1130 · Court of Appeals for the Fifth Circuit · Jun 13, 1988

. executed before the ninety-day time period expires, the statute is unconstitutional — it denies Byrne due process and access to the courts because it unduly abrogates the time in which Byrne can exercise his federally established … Because each prerequisite presents a mixed question of law and fact, this court must uphold the district court’s subsidiary fact findings unless clearly erroneous; conclusions of law and the ultimate application of the law

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. 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.

Brooks v. City of New Orleans

Court of Appeals for the Fifth Circuit · Feb 9, 2004

The appellees sued in their individual capacities assert the defense of qualified immunity. Our analysis is twofold. … The individual defendants are entitled to qualified immunity because their conduct was objectively reasonable in light of the legal rules clearly established at the time of the incident.