Case law

United States v. Quintanilla-Matamoros

Court of Appeals for the Fifth Circuit · Jan 9, 2026

So both sides have clear interests at stake, and those interests clearly conflicted with one another at the moment the suit was filed. 13 Case: 25-20191 Document: 71-1 … That should be enough to establish Article III jurisdiction. After all, it’s well established that we determine Article III jurisdiction at the outset of the suit. See, e.g., Smith v.

In Re Grand Jury Subpoena for Attorney Representing Criminal Jose Evaristo Reyes-Requena, John Doe, Intervenor-Appellant. In Re Grand Jury Subpoena for Mike Deguerin Mike Deguerin, and John Doe, Intervenor-Appellant. In Re Grand Jury Subpoena for Attorney Representing Criminal Jose Evaristo Reyes-Requena, United States of America

926 F.2d 1423 · Court of Appeals for the Fifth Circuit · Mar 6, 1991

They have obtained that hearing 6 We review the district court's findings of fact under the clearly erroneous rule. … Fed.R.Civ.P. 52(a) (findings of fact by the district court will not be set aside unless clearly erroneous).

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.

Reeves v. Wood

206 F. App'x 368 · Court of Appeals for the Fifth Circuit · Nov 17, 2006

The disciplinary hearings, however, do not establish ownership of property or have res judicata effect. … Further, the discovery stay was authorized pending determination related to qualified immunity.

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.

Gustavo Garcia v. William Stephens, Director

793 F.3d 513 · Court of Appeals for the Fifth Circuit · Jul 17, 2015

evidence presented in the State court proceeding. 25 “A state court's decision is ‘contrary to’ clearly established federal law if ‘the state court arrives at a conclusion opposite to that reached by [the … For ineffective assistance of counsel (IAC) claims, “the clearly established federal law against which we measure the state court’s denial of relief is the standard set forth in Strickland v.

Marvin Waddleton, III v. Norris Jackson

548 F. App'x 255 · Court of Appeals for the Fifth Circuit · Dec 12, 2013

Waddleton’s disagreement with the necessity of or the reasonableness of the searches involved here is insufficient to establish a genuine issue of fact regarding the reasonableness of the searches. … Because there was no constitutional violation, the defendants were entitled to qualified immunity from Waddleton’s claims against them in their individual capacities. See Pearson v.

Jerome Phillips v. Hooker Chemical Corporation

375 F.2d 189 · Court of Appeals for the Fifth Circuit · Mar 15, 1967

It has never qualified to do business in Florida, nor has it designated any agent for the service of process within the state of Florida. … Phillips contends that it met its burden on both counts by establishing that Hooker carried on activities fn Florida which are systematic and continuous and have been throughout the years; that these activities resulted in

Saenz v. Harlingen Medical Center, L.P.

613 F.3d 576 · Court of Appeals for the Fifth Circuit · Aug 3, 2010

Case: 09-40887 Document: 00511191752 Page: 6 Date Filed: 08/02/2010 No. 09-40887 the motion for summary judgment as to Medcath on the grounds that Saenz failed to establish … Tenn., Inc., 454 F.3d 549, 554-55 (6th Cir. 2006) (termination of employee six days into 15-day compliance period “was clearly a violation of the FMLA”); Cooper v.

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).

Patsy v. Florida International University

634 F.2d 900 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

Clearly the Court adheres to the no-exhaustion rule. II. … established.

Sprouse v. Sprouse

577 F.2d 989 · Court of Appeals for the Fifth Circuit · Aug 7, 1978

Ga.Code Ann. § 109A-9-203(2) 2 In Bragg the acceleration clause was qualified by the phrase "less any required refund of interest." … Moreover, the limitation provision immediately followed the acceleration clause and clearly was intended to modify it.

Donald Boyd v. City of Houston, Texas, et a

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Pape, 365 U.S. 167 (1961)). 11 Id. at 690 n.54 (Eleventh Amendment immunity); Owen v. City of Independence, 445 U.S. 622, 638 (1980) (qualified immunity). 12 Bd. of Cnty. … They do not contend that, regardless of the evidence, the district court should have decided the qualified-immunity question rather than submitting that question to the jury.

Lempar v. Livingston

Court of Appeals for the Fifth Circuit · Feb 4, 2021

The defendants’ motion asserted that they were entitled to qualified immunity, and the district court ultimately agreed. … Although Federal Rule of Civil Procedure 26(b)(1) broadly permits discovery, this court has held that discovery should not be permitted when a qualified immunity defense is

United States v. Damion Lundy

Court of Appeals for the Fifth Circuit · Apr 3, 2012

“The well-established standard in this circuit for reviewing a conviction allegedly based on insufficient evidence is whether a reasonable jury could find that the evidence establishes the guilt of the defendant beyond a … The Farner court clearly explained the factual impossibility defense in this circuit.

Alabama Power Co. v. Federal Power Commission

134 F.2d 602 · Court of Appeals for the Fifth Circuit · Mar 11, 1943

Interstate was on Feb. 8, 1907, a corporation organized in Maine, with little more than qualifying shares of its authorized $1,000,000 common stock subscribed, and owning nothing. … We know that the Alabama Code gives to the Alabama Public Service Commission authority to establish a uniform system of accounts.

Mahaffey v. Winston County Sheriff's Department

96 F. App'x 191 · Court of Appeals for the Fifth Circuit · Apr 22, 2004

Mahaffey has therefore failed to establish that her speech involved a matter of public concern and has therefore failed to establish the elements of a First Amendment retaliation claim. See Tharling v. … Failure to assert the violation of a constitutional right results in the failure to overcome the defense of qualified immunity. See Siegert v. Gilley, 500 U.S. 226, 231-33 (1991). The judgment is therefore AFFIRMED.

United States v. Kidd

127 F.4th 982 · Court of Appeals for the Fifth Circuit · Feb 11, 2025

A subsequent addendum to the PSR agreed that Kidd would not qualify for the reduction if Kidd had indeed sent those threatening letters. … On the other hand, a defendant’s showing of prejudice does not automatically establish a due process violation.

Dahiya v. Talmidge Intl Ltd

380 F.3d 218 · Court of Appeals for the Fifth Circuit · May 18, 2004

Section 16(a)(1)(A) clearly does provide for direct appeals from orders “refusing a stay of any action under section 3 of this title,” and § 16(a)(1)(C) clearly allows for … Here, the district court has already clearly decided the arbitrability question in the negative against Appellants.

LA Env Action Ntwrk v. EPA

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

See 40 C.F.R. pt. 50.9(a).1 1 The “one-hour” standard was established by the EPA in 1979. 40 C.F.R. § 50.9. … by law cannot qualify as a contingency measure; and (3) reductions outside the Baton Rouge nonattainment area, without a finding that such reductions improve air quality within the Baton Rouge area, cannot qualify as a