Case law

Rivera v. Union Pacific Railroad

378 F.3d 502 · Court of Appeals for the Fifth Circuit · Aug 4, 2004

Our precedents clearly establish that in this Circuit, a judgment as a matter of law against the plaintiff in a FELA suit is appropriate “only when there is a complete absence of probative facts” supporting the plaintiff … Rivera further testified that destressing must be done by a qualified welder, and that he was the only qualified welder for Union Pacific at that work site on the day in question.2 Rivera denied that Nettles told him that

Meredith v. Fair

298 F.2d 696 · Court of Appeals for the Fifth Circuit · Apr 10, 1962

It is a heavy burden on qualified Negro students, because of their race. … The limitation of evidence to that pertaining to the summer session of 1961 is clearly erroneous. It is erroneous since the policy and practice of the University in admissions were at issue.

Dugan v. Harrison County TX

Court of Appeals for the Fifth Circuit · Jan 6, 2003

The denial of a motion for summary judgment based on qualified immunity is immediately appealable only when based on an issue of law. * Pursuant to 5TH CIR. … Insofar as Johnson challenges the district court’s legal determination that federal law clearly established that Jane B.’s custodial status entitled her the protections of the Fourteenth and Eighth Amendments during her

United States v. Price

Court of Appeals for the Fifth Circuit · May 12, 2022

For each of these criminal acts, one of the unindicted, immunized co- conspirators was responsible and so admitted. . . . … In its original brief, the Government disputed this claim, arguing that the “aggravated form of RICO conspiracy” at issue in this case qualified as a crime of violence.

Chemline, Inc. v. City of Grand Prairie, C. P. Waggoner, H. H. Milling, Aubrey Vickers, James Dee, Roy McGlothin and Fred Conover, City of Grand Prairie, C. P. Waggoner, H. H. Milling, Aubrey Vickers, James Dee, Roy McGlothin and Fred Conover v. Chemline, Inc.

364 F.2d 721 · Court of Appeals for the Fifth Circuit · Aug 8, 1966

The definition of obscenity in Roth, as thus qualified, has been consistently followed in every obscenity case thereafter decided by the Supreme Court. See Bantam Books, Inc. v. … On the contrary, that opinion clearly indicated that what it referred to as "patent offensiveness" was already included in the Roth definition.

United States v. Billy Gray

565 F.2d 881 · Court of Appeals for the Fifth Circuit · Jan 4, 1978

He was clearly the focus of the investigation. The arrest was made immediately after the fifteen-minute conversation ended. … Senators and congressmen do not enjoy civil process immunity or immunity from testifying in criminal cases, Gravel v. United States, 1972, 408 U.S. 606, 614-15 , 92 S.Ct. 2614 , 33 L.Ed.2d 583 ; United States v.

United States v. Washington

340 F.3d 222 · Court of Appeals for the Fifth Circuit · Jul 24, 2003

This information exceeds the level this circuit has found sufficient to establish a reasonable suspicion of danger. … Arguing that his motion to suppress was not related to factual guilt, Maldonado asserted that his case fell within the “rare situation” of Comment 2 where the defendant may qualify for acceptance of responsibility even

Woodhouse v. Magnolia Hospital

Court of Appeals for the Fifth Circuit · Aug 8, 1996

Instead, what is suspicious in reduction-in-force cases is that the employer fired a qualified, older employee but retained younger ones. … See Thornbrough, 760 F.2d at 642 (plaintiff can show discrimination in a RIF case by establishing, inter alia, that she was qualified to assume another 11 position at the time of

Jones v. Hearn

248 F. App'x 568 · Court of Appeals for the Fifth Circuit · Sep 24, 2007

No. 05-31003 arguing that qualified immunity shielded them from suit. The district court granted the motion. … Jones has satisfied the first qualified immunity prong. The second prong of the qualified immunity analysis is also met.

Sam E. Wyly v. United States

662 F.2d 397 · Court of Appeals for the Fifth Circuit · Nov 30, 1981

Under the terms of the statute, this decision is clearly correct. … Each taxpayer does not dispute that he was a contingent beneficiary of the trust established for the primary benefit of his children.

Owais v. Goerig

Court of Appeals for the Fifth Circuit · May 1, 2025

We agree with the district court that, under the Antiterrorism and Effective Death Penalty Act (AEDPA), the state court’s decision did not “involve[] an unreasonable application of[] clearly established Federal law, as determined … In the AEDPA context, “circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court.’

Nabors Offshore Corp. v. Whistler Energy II (In Re Whistler Energy II, L. L.C.)

931 F.3d 432 · Court of Appeals for the Fifth Circuit · Jul 26, 2019

Yet post-petition business relationships are not always so clearly defined. … Consistent with the decisions of our sister circuits, we hold that a creditor can establish that its expenses are attributable to the actions of the bankruptcy estate through evidence of either a direct request from the debtor

Michael Holland v. Westmoreland Coal Compan

968 F.3d 526 · Court of Appeals for the Fifth Circuit · Aug 4, 2020

Chevron Overseas (Congo) Ltd., 475 F.3d 1080, 1086 (9th Cir. 2007) (declining to apply issue preclusion to Foreign Sovereign Immunities Act issue decided in Fifth Circuit case). … Cir. 1995) (governmental plan). 15 Finally, the language of section 1114 differs in at least one key respect from the language in ERISA’s definition of “employee welfare benefit plan”: whereas section 1114 qualifies

In the Matter of Corinne N. Cannady, Debtor. Corinne N. Cannady, Cross-Appellees v. Robert B. Wilson, Trustee, Cross-Appellant

653 F.2d 210 · Court of Appeals for the Fifth Circuit · Aug 10, 1981

H.R. 8200 would establish 11 categories of property for the Federal exemption, among which is a homestead exemption of $10,000. … First, the Cannadys point to Bankruptcy Rule 403(b), which requires the trustee to file his objections “no later than 15 days after the trustee qualifies;” in this case the trustee qualified on November 8, 1979 but filed

Canal Barge Company, Inc. v. Torco Oil Company Gulfstream Trading, Ltd. Company

220 F.3d 370 · Court of Appeals for the Fifth Circuit · Jul 20, 2000

Nevertheless, Canal Barge attempted to qualify Silloway on those topics; whereupon, Torco objected. The magistrate sustained the objection. … Thus, we are not of the view that custom played a role in necessarily establishing the standard of care.

Lakoski v. James

66 F.3d 751 · Court of Appeals for the Fifth Circuit · Oct 3, 1995

The individual defendants claimed qualified immunity and the University argued that there was no implied private right of action under Title IX for damages for employment discrimination. … The House report accompanying the Act stated: In establishing the applicability of Title VII to State and local employees, the Committee wishes to emphasize 10  that

Patin v. Allied Signal, Inc.

69 F.3d 1 · Court of Appeals for the Fifth Circuit · Nov 28, 1995

that a covered employee's claims and the claims of those asserting rights through the employee against the employer's workers' compensation insurance carrier for breach of the duty of good faith and fair dealing are not immunized … in the first suit." 31 29 The Patins dispute neither that rule nor its applicability in federal court; instead, they insist that Patin's attempt to amend his pleadings in the employment discrimination suit against Allied immunizes

Colonial Stores Inc. v. Federal Trade Commission

450 F.2d 733 · Court of Appeals for the Fifth Circuit · Oct 22, 1971

Clearly it does. … the circumstances clearly enough to provide reliable testimony.

Beverly BAUER, Plaintiff-Appellant, v. ALBEMARLE CORPORATION, Defendant-Appellee

169 F.3d 962 · Court of Appeals for the Fifth Circuit · Mar 15, 1999

To establish this prima facie case under Title VII, the plaintiff must prove that she is a member of a protected class, she was qualified for the position that she held, she was discharged, and after her discharge was replaced … Establishing a prima facie case creates a presumption that the employer unlawfully discriminated against the employee. St. Mary’s Honor Center v.

28 Fair empl.prac.cas. 1212, 28 Empl. Prac. Dec. P 32,647 Willie Mae Payne, Etc., Cross-Appellants v. Travenol Laboratories, Inc. And Baxter Laboratories, Inc., Defendants- Cross-Appellees

673 F.2d 798 · Court of Appeals for the Fifth Circuit · Apr 22, 1982

In 1972 to 1974, Travenol hired 26.1% of the qualified white applicants while hiring 21.5% of the qualified black applicants. 34 The record contains no applicant flow statistics for the period between 1974 and 1976, although … Applicant flow figures are more revealing of an employer's hiring practices than general population comparisons when, as here, a greater percentage of qualified blacks apply for work than qualified whites.