Case law

Sabzevari v. Reliable Life Insurance

264 F. App'x 392 · Court of Appeals for the Fifth Circuit · Jan 31, 2008

For Sabzevari to establish pretext in this way, he must raise a fact issue as to whether he was “clearly better qualified” and not merely “similarly qualified.” Odom v. Frank, 3 F.3d 839, 847 (5th Cir. 1993). … Even if Sabzevari established that he had superior recruiting skills, this would not raise an issue as to whether he was “clearly better qualified” on the whole.

United States v. Oscar E. Hyde

448 F.2d 815 · Court of Appeals for the Fifth Circuit · Jun 23, 1971

This is clearly a long way from establishing the make-up of the larger source — the jury box of 6,000 names. The venire was what remained after all excuses had been allowed. … But the stories there were clearly evaluative.

St. Paul Fire & Marine Insurance Company v. Mayor's Jewelers of Fort Lauderdale, Inc., and Mayor's Jewelers of Dadeland, Inc., Deefndants-Appellees

465 F.2d 317 · Court of Appeals for the Fifth Circuit · Aug 11, 1972

There can be no doubt that such evidence establishes that the stores are undeniably closely connected and therefore “associated,” within the meaning of the insurance policy. … The District Court’s finding to the contrary is thus “clearly erroneous.” F.R.Civ.P. 52(a). Nor will, estoppel carry the day for the assured.

United States v. Moyosore Ismoila Segun Debowale Nuratu Lawanson, United States of America v. Moyosore Ismoila

100 F.3d 380 · Court of Appeals for the Fifth Circuit · Jan 2, 1997

A finding is not clearly erroneous if it is plausible in light of the entire record. Valencia, 44 F.3d at 272 . … Reliance on these facts was not clearly erro-néous, and the district court did not abuse its discretion. 11 D.

Coleman v. Crescent River Port

Court of Appeals for the Fifth Circuit · Jan 24, 2006

The receipts, minus general overhead expenses, are remitted monthly to member pilots in accordance with an established formula based on the number of days each individual was available for piloting. … Clearly not.

Taasheana Quinn v. Maurice Miller

535 F. App'x 412 · Court of Appeals for the Fifth Circuit · Jul 11, 2013

These requirements have been found in limited cases where an order effectively excludes litigants from court or rejects a complete defense such as qualified immunity. See, e.g., Quackenbush v. Allstate Ins. … For example, when a defendant appeals a denial of a qualified immunity or Eleventh Amendment immunity claim, appeal is granted because otherwise the purpose of the defense—avoiding the costs of subjecting public officials

Jenkins v. Lee

84 F. App'x 469 · Court of Appeals for the Fifth Circuit · Jan 9, 2004

Jenkins, Texas inmate # 599106, appeals the summary-judgment dismissal, on grounds of qualified immunity, of his civil rights action filed pursuant to 42 U.S.C. § 1983. Jenkins claimed that the defendant, Dr. … Lee, or, at best, malpractice, which are insufficient to establish a constitutional violation. See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). The judgment of the district court is AFFIRMED.

Harold S. Golden and David Fincher v. Biscayne Bay Yacht Club

521 F.2d 344 · Court of Appeals for the Fifth Circuit · Sep 26, 1975

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Private establishments (e) The provisions of this subchapter shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made

Sutterley v. Morris

252 F. App'x 672 · Court of Appeals for the Fifth Circuit · Oct 29, 2007

The first prong asks “whether the plaintiff has alleged a violation of a constitutional right and, if so, [second] whether the defendant’s behavior was objectively reasonable under clearly established law at the time the … Murray is entitled to qualified immunity.

Primrose Operating Co. v. National American Insurance

382 F.3d 546 · Court of Appeals for the Fifth Circuit · Aug 23, 2004

Clearly, the allegations and factual background in Guaranty National can be distinguished from the Senns’ Fourth Amended Petition and the facts as they exist here. … NAICO argues that Boyer’s testimony lacked the proper foundation to qualify as expert testimony.

Thibeaux v. Medart

74 F.3d 1237 · Court of Appeals for the Fifth Circuit · Dec 4, 1995

immunity. … immunity.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, Defendant-Appellee

651 F.2d 277 · Court of Appeals for the Fifth Circuit · Jul 17, 1981

Clearly, the Seminary is an integral part of a church, essential to the paramount function of training ministers who will continue the faith. … To the extent that these findings indicate determinations of fact by the district court, they must be accepted unless clearly erroneous. Fed.R.Civ.P. 52.

Kenneth R. Marsh and Marion W. Martinez v. United States

344 F.2d 317 · Court of Appeals for the Fifth Circuit · Mar 25, 1965

For if the Government seeks to qualify the action as a geographically “extended” border search, it must show 6 at least the circumstances known to the officers at the border which reasonably justified the request relayed … United States, 1955, 95 U.S.App.D.C. 390 , 222 F.2d 556 , the burden of establishing reasonableness is on the Government.

Lopez De Jesus v. Immigration & Naturalization Service

312 F.3d 155 · Court of Appeals for the Fifth Circuit · Nov 7, 2002

Turning to Lopez’s claim of eligibility for a waiver of inadmissibility pursuant to INA § 212(d)(11), the BIA concluded that because the waiver was limited to smugglers who had the qualifying relationship with the person … Section 304(a) of the IIRIRA established a “stop-time rule” for determining an alien’s eligibility for suspension of deportation or cancellation of removal.

Hale v. Bexar County

342 F. App'x 921 · Court of Appeals for the Fifth Circuit · Jul 27, 2009

Defendant Coleman filed a motion to dismiss on the basis that he was entitled to qualified immunity, which was granted by the district court. … After determining that the plaintiff had not alleged a constitutional violation, this court found that the sheriff was entitled to qualified immunity from suit. Id.

Billy D. Cook v. Robert W. Hudson, Etc.

511 F.2d 744 · Court of Appeals for the Fifth Circuit · Jul 3, 1975

for renewed teaching contracts for the 1973— 74 school year, a prerequisite to reemployment under Mississippi law. 1 The court found that “[t]he sole reason for refusal [to recommend] was that the plaintiffs, otherwise qualified … This finding is not clearly erroneous. The court accepted the evidence that this conduct significantly related to the effectiveness and job performance of the teachers.

Louisville & Nashville Railroad Company v. Howard Williams

370 F.2d 839 · Court of Appeals for the Fifth Circuit · Dec 28, 1966

to his automobile, and requested the court to qualify the jury as to whether any were agents, employees or policyholders of that company, which request the court refused. … All this does not establish that this was a hazardous or an unusually dangerous crossing, but they are circumstances which you take into consideration to determine was it or not.

Southern Pine Co. of Georgia v. Savannah Trust Co.

141 F. 802 · Court of Appeals for the Fifth Circuit · Dec 12, 1905

The established rule in such cases, from which we see no reason for departing in the present instance, seems to be that the findings of fact, dependent upon conflicting testimony, by a judge, master, or a referee, who sees … The principle announced is clearly stated by the Supreme Court of Georgia, in Bergan v. Magnus & Co., 98 Ga. 514 -516, 25 S. E. 570 .

Texas v. Palmer

158 F. 705 · Court of Appeals for the Fifth Circuit · Dec 3, 1907

He has been, pending the appeal, and he remains, a qualified and bonded officer of the state court. … It would be ruinous to the business of the state of Texas for such doctrine to be established.

Rideau v. Whitley

237 F.3d 472 · Court of Appeals for the Fifth Circuit · Dec 22, 2000

Clearly, therefore, no action of the jury officials could have been designed to prejudice the defendant. … See Walters, 21 F.3d at 688 (noting that, “[i]f the state wishes to establish prejudice from the death of the court reporter and the unavailability of the court reporter’s records, it must also establish that