Case law

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.

Perez v. City of Harlingen

Court of Appeals for the Fifth Circuit · Nov 17, 1999

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right. Id. … Second, a defense of qualified immunity will succeed if the defendant’s conduct was objectively reasonable at the time in light of clearly established law. Id.

United States v. Vargas

21 F.4th 332 · Court of Appeals for the Fifth Circuit · Dec 23, 2021

calculations under the Sentencing Guidelines for clear error and that court’s calculation methodology de novo.”4 Vargas failed to object to the method of loss calculation, so our review is for plain error.5 To establish … Our caselaw does not clearly explain the relationship between the general rule and the government-benefits rule.

Laurie Weiss Strong v. University Healthcare System, L.L.C., D/B/A Tulane University Hospital and Clinic

482 F.3d 802 · Court of Appeals for the Fifth Circuit · Apr 24, 2007

In addition, the doctor resigned voluntarily, something Strong very clearly was not willing to do. UHS might very well have fired the doctor had he not resigned. … But we need not address whether these brief discussions qualify as adverse employment actions.

Montoya v. City of Brownsville

Court of Appeals for the Fifth Circuit · Aug 30, 1999

First, a defendant is entitled to qualified immunity when a plaintiff has failed to allege the violation of a clearly established constitutional right. Id. … Second, a defense of qualified immunity will succeed if the defendant’s conduct was objectively reasonable at the time in light of clearly established law. Id.

Louisiana Health Service & Indemnity Co. v. Rapides Healthcare System

461 F.3d 529 · Court of Appeals for the Fifth Circuit · Aug 16, 2006

obligated to reimburse the individual or to pay for him or on his behalf the charges for the services rendered by the hospital shall pay those benefits to the individual when the itemized statement submitted to such entity clearly … participant or beneficiary “to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” 30 This section “clearly

Sohyde Drilling & Marine Co. v. Coastal States Gas Producing Co.

644 F.2d 1132 · Court of Appeals for the Fifth Circuit · May 14, 1981

Although recovery for damages of this kind was seemingly barred under the established rule of maritime law enunciated in Robins Dry Dock & Repair Co. v. … Notwithstanding that two statutes contain substantially similar definitions of the term vessel, what may reasonably qualify as a “vessel” for the purpose of one statute might well thwart the purpose of the other statute.

William D. Hammons, Jerome Alexander Durning and William D. Hammons, III v. Oscar Adams

783 F.2d 597 · Court of Appeals for the Fifth Circuit · Apr 11, 1986

The Rules require the local union to establish and maintain a non-discriminatory registry for qualified boilermakers and state the manner in which union members must register for work and be referred to jobs. … Brotherhood of Railway and Airline Clerks 21 clearly established that there was a procedure whereby the employee-union member could appeal the union inaction on his grievance, and the union had notified the member in writing

Ahrens v. Perot Systems Corp.

205 F.3d 831 · Court of Appeals for the Fifth Circuit · Mar 3, 2000

“Most courts have identified at least two limitations on the application of the doctrine: (1) it may be applied only where the position of the party to be estopped is clearly inconsistent with its previous one … For each action, she gave a glaringly inconsistent, all-encompassing, non-qualified response.

James E. Sanders v. Honorable Dan M. Russell, Judge, United States District Court for the Southern District of Mississippi, Joan Anderson v. Honorable William Harold Cox, Judge, United States District Court for the Southern District of Mississippi

401 F.2d 241 · Court of Appeals for the Fifth Circuit · Sep 18, 1968

The Rule as here applied clearly contravenes the Congressional intent as embodied in the civil rights acts. 13 We recognize that the District Court has a valid interest in regulating the qualifications and conduct of counsel … professional conduct can be or are affected. 8 23 In these non-fee generating civil rights cases it is clear that only reasonably limits can be placed on a federal litigant's choice of counsel, and we find that the limits here established

Evergreen Presbyterian Ministries Inc. v. Hood

235 F.3d 908 · Court of Appeals for the Fifth Circuit · Jan 5, 2001

Therefore, inasmuch as the 7% reduction qualifies as an uncompensated cost, the reduced rates would continue to account for the special situation of DSHs. … Violations of a Federal Statute 29  Section 1983 affords a cause of action to a plaintiff against anyone who, under color of state law, deprives a person “of any rights, privileges, or immunities

Gerard A. Harrison and Harrison Ranch, Inc., Cross-Appellants v. Carey Prather, Cross-Appellee

435 F.2d 1168 · Court of Appeals for the Fifth Circuit · Mar 9, 1971

On the other hand, the a proximate cause test establishes a broader pathway to liability. … This Circuit is clearly committed to the application of this rule as a principle of law.

Ron Chris Foster v. Robert L. Johnson, Commissioner, Mississippi Department of Corrections

293 F.3d 766 · Court of Appeals for the Fifth Circuit · Jun 6, 2002

Second, the Court emphasized that “unreasonable” does not mean merely “incorrect”: an application of clearly established Supreme Court precedent must be incorrect and unreasonable to warrant federal habeas relief. … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States’ ” for the purpose of federal habeas review under

United States v. State of Texas

Court of Appeals for the Fifth Circuit · Apr 24, 2026

The President, after taking office in January 2025, issued an executive order recognizing that “the current situation at the southern border qualifies as an invasion.” Proclamation 10888 (Jan. 20, 2025). … This clearly proves that the states can use the militia when they find it necessary.” Id. (quoting Elliot at 419–20) (emphasis added).

Private Michael Leonard Helwick v. Melvin Laird as Secretary of Defense

438 F.2d 959 · Court of Appeals for the Fifth Circuit · Feb 16, 1971

It is well established that one need not accept formal religion or be a member of an established church in order to qualify as a conscientious objector. See Welsh v. … Thus the fact that one lacks sufficient insight or knowledge to express his beliefs clearly does not detract from the strength and validity of his beliefs. Gann v. Wilson, N.D.Cal.1968, 289 F.Supp. 191, 194 .

Robert Morris v. Brad Livingston

Court of Appeals for the Fifth Circuit · Feb 10, 2014

The notice shall clearly indicate that no offender will be denied access to health care services due to an inability or failure to pay. … Therefore, Morris has not established that the district court erred in denying relief on his Fourth Amendment claim. 4.

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

Roy v. United States Department of Agriculture

115 F. App'x 198 · Court of Appeals for the Fifth Circuit · Nov 18, 2004

Fatally, Roy fails to establish pretext. … Roy’s certification and one-year trainee experience at a law firm pale in comparison and fail under the “clearly better qualified” standard. both standards below.

Favorite v. Marine Personnel & Provisioning, Inc.

955 F.2d 382 · Court of Appeals for the Fifth Circuit · Mar 12, 1992

The contract clearly shows that MTL does not retain exclusive control and possession of the USNS SEALIFT CARIBBEAN. … “The caselaw clearly establishes that if MTL was indeed an agent of the United States, plaintiff’s exclusive remedy ... lies against the United States.” Cruz, 634 F.Supp. at 110 .

United States v. Jay Lloyd McDonald Also Known as Charles McDonald

106 F.3d 1218 · Court of Appeals for the Fifth Circuit · Feb 21, 1997

“In reviewing [such] claim[s], we must accept the factual findings of the district court unless clearly erroneous, but we review de novo the application of the guidelines for errors of law.” Id. … It is not disputed that McDonald's 1994 "failure to identify” sentence did not qualify for the exception listed in subsection (c)(1)(A).