Case law

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 .

Communications Workers of America v. Ector County Hospital District

467 F.3d 427 · Court of Appeals for the Fifth Circuit · Oct 5, 2006

Under the Hospital’s established dress code policy, all employees were and are required to wear a uniform while on duty. … immunity (a ruling which has not since been questioned).

Burzynski v. Aetna Life Ins. Co.

Court of Appeals for the Fifth Circuit · Aug 5, 1992

Burzynski attest to Burzynski's miracle cure, and the narrator makes Burzynski  appear as a genius excoriated by the medical establishment and the F.D.A. … In Texas, as in most states, litigants are afforded broad immunity from suit based on conduct occurring during the discovery process. The reason is plain.

James B. Jackson v. Harold Stinchcomb, Etc.

635 F.2d 462 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

even an invalid or an improper discharge from such an office, unaccompanied by some more precise claim of federal right than a general claim of lack of due process, is not the sort of deprivation of a right, privilege or immunity … Even when these two criteria are satisfied, thus establishing the power to exercise pendent *471 jurisdiction, the decision whether to exercise pendent jurisdiction is within the discretion of the trial judge.

Anh Le v. Loretta Lynch

819 F.3d 98 · Court of Appeals for the Fifth Circuit · Feb 23, 2016

However, Martinez does not clearly state that the burden shifts to the Government to prove a lack of eligibility for relief where a record is inconclusive. … de novo whether the offense qualifies as an offense relating to a controlled substance under the INA.

Miller v. Rains County

Court of Appeals for the Fifth Circuit · Jul 20, 1999

However, a prosecutor who engages in investigatory functions normally conducted by the police cannot claim absolute immunity but instead may only rely upon qualified immunity. Buckley v. … In order to determine if the appellees have a valid section 1983 claim and whether the defense of qualified immunity can be utilized, the court must determine whether the appellants’ “‘conduct does not violate clearly established

Mary Jane Leete v. Director, Office Of Workers' Compensation Programs

790 F.2d 418 · Court of Appeals for the Fifth Circuit · May 23, 1986

Within a week of the decedent's death, the claimant and the other man established a "common law marriage." … Such conduct clearly could demonstrate a factual basis for a finding that the claimant made a conscious decision to sever the conjugal nexus

Pan-Islamic Trade Corporation v. Exxon Corporation

632 F.2d 539 · Court of Appeals for the Fifth Circuit · Dec 10, 1980

In significant language qualifying the Poller caution against use of summary judgment in antitrust litigation, the Court stated: Essentially all that the lower courts held in this case was that Rule 56(e) placed upon Waldron … Such a fact, if established, might establish a motive for the oil companies to boycott Algerian oil after its nationalization of French oil. Ibid.

National Labor Relations Board v. Varo, Inc.

425 F.2d 293 · Court of Appeals for the Fifth Circuit · Apr 20, 1970

The record clearly reflects that the Company failed to meet that burden. … The following Monday, Cherry received notice that he was being transferred because he was not “qualified” to work as an inspector.

United States v. Ven-Fuel, Inc.

602 F.2d 747 · Court of Appeals for the Fifth Circuit · Sep 18, 1979

To qualify as a “deepwater terminal operator,” the storage company was required to have special loading and storage capabilities set forth in the regulations. 12 . … The Government must of course establish each essential element beyond a reasonable doubt. See, e.g., United States v. Lange, 5 Cir., 1976, 528 F.2d 1280, 1288 . 19 . 32A CFR Ch. X § 12 (1973).

Chamber of Commerce of the U.S. v. U.S. Dep't of Labor

885 F.3d 360 · Court of Appeals for the Fifth Circuit · Mar 15, 2018

As the panel majority acknowledges, the DOL's authority to implement a new definition of investment-advice fiduciary implicates the two-step analytical framework established in Chevron . … panel majority relies on several Supreme Court cases in support of this position but fails to recognize a meaningful distinction between those opinions and the case sub judice : in each of these cases, the relevant agency clearly

Gregory Johnson v. Arkema, Incorporated

Court of Appeals for the Fifth Circuit · Jun 26, 2012

Accordingly, “studies of the effects of chemicals on animals must be carefully qualified in order to have explanatory potential for human beings.”11 Id. … The trial court erred in excluding testimony that is possibly relevant and clearly reliable. 30

Lisa Chamberlin v. Marshall Fisher, Commissioner

885 F.3d 832 · Court of Appeals for the Fifth Circuit · Mar 20, 2018

Clearly Established Federal Law The district court’s interpretation of Miller-El II compelled its conclusion that the state court’s “failure to conduct a comparative analysis was contrary to clearly established federal … The district court thus erred twice as it pertains to the “clearly established law” ground for habeas relief under AEDPA.

Harold E. Hayward v. Dr. Dean H. Echols

362 F.2d 791 · Court of Appeals for the Fifth Circuit · Jun 22, 1966

Echols himself), such reliance would not ipso facto amount to negligence because the record clearly shows that Dr. Jackson was a qualified physician, a partner of Dr. … Moreover, the evidence clearly establishes the fact that Dr. Echols made the final diagnosis. In the light of the legal principles herein mentioned and of the undisputed evidence in this case, it cannot be said that Dr.

Hardy Wilson Memorial Hospital v. Sebelius

616 F.3d 449 · Court of Appeals for the Fifth Circuit · Aug 19, 2010

Rather, we are tasked with determining whether Congress has spoken clearly. Based on the plausible, competing arguments put forth by the parties, we are compelled to find the statute ambiguous. … To be sure, the Secretary did state, when the regulations were promulgated, that the BBA was enacted “to establish caps on the target amounts for excluded hospitals or units for cost reporting periods beginning on or after

Hernandez v. Metropolitan Transit Authority of Harris County

673 F. App'x 414 · Court of Appeals for the Fifth Circuit · Dec 21, 2016

At the outset, Officer Hernandez must establish his prima facie case of discrimination by demonstrating that: (1) he is a member of a protected class, (2) he was qualified for the position at issue, (3) he was … An employee’s showing that he was “clearly better qualified is enough to prove that [his] employer’s proffered reasons are pretextual.” Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir. 2002) (citations omitted).

Bridges v. City of Bossier

92 F.3d 329 · Court of Appeals for the Fifth Circuit · Aug 23, 1996

We do not understand Bridges to argue that the district court's finding of the City's perception is clearly erroneous. … Similarly, the Tenth Circuit has suggested that preemption from employment in one's chosen field does not per se establish a substantial limitation on working. See Bolton v.

In re Volkswagen of America, Inc.

545 F.3d 304 · Court of Appeals for the Fifth Circuit · Oct 10, 2008

Of these, we address first whether Volkswagen has established a clear and indisputable right to the writ. … The question next becomes whether the district court’s ruling was a clear abuse of discretion that qualifies for mandamus relief.

Dunn-McCampbell Royalty Interest, Inc. v. National Park Service

112 F.3d 1283 · Court of Appeals for the Fifth Circuit · May 23, 1997

principles of sovereign immunity, the United States is immune from suit unless it consents, and the terms of its consent circumscribe our jurisdiction. … to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff." 28 U.S.C. § 1361 . 19 Mandamus is an extraordinary remedy, available only where government officials clearly

Burkes v. Waggoner

301 F. App'x 390 · Court of Appeals for the Fifth Circuit · Dec 9, 2008

Police officers performing discretionary functions are immune from suit 2  No. 08-60308 under the qualified immunity doctrine. … That is, they are immune unless their actions “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).