Case law

Washington Leg Fdn v. Texas Equal Access, e

293 F.3d 242 · Court of Appeals for the Fifth Circuit · Oct 15, 2001

Again, by “net interest”, the court meant interest in excess of the costs associated with establishing and maintaining an interest-bearing demand account. … does not forbid the government from (1) taking (2) property, but requires only that, when property is taken, “just compensation” be paid, “the crux of this case rests on the issue of just compensation.”25 And, clearly

United Gas Pipe Line Co. v. Federal Energy Regulatory Commission

824 F.2d 417 · Court of Appeals for the Fifth Circuit · Aug 18, 1987

We then remanded for the FPC to state clearly its justification for its rule and to develop the necessary record to provide meaningful review. Id. at 129 . … Certainly, United has the burden of establishing the defense of impossibility of performance because of an intervening government order.

Will Parks Clay v. United States

239 F.2d 196 · Court of Appeals for the Fifth Circuit · Dec 11, 1956

Grim.P. which establishes the usual test of a misdemeanor in the officer’s presence or knowledge of a past felony. … We are not convinced that a person, by mere presence in a suspected car, loses immunities from search of his person to which he would otherwise be entitled.”

Enplanar, Inc. v. Marsh

11 F.3d 1284 · Court of Appeals for the Fifth Circuit · Jan 19, 1994

This Court has not addressed the effect that section 1491(a)(3) has on the injunctive immunity of the SBA, although other courts have recognized that this law abrogates the SBA's injunctive immunity in certain circumstances … Allegedly, these actions qualify them to be considered as prevailing parties because they "acted as a catalyst in prompting the opposing party to make amends." Ramon by Ramon v.

Broussard v. TX Dept Cr Justice

Court of Appeals for the Fifth Circuit · Jul 19, 2007

Section 1983 Claims Against the Individual Defendants The individual defendants in this case have asserted the defense of qualified immunity to Broussard’s § 1983 claim. … Qualified immunity will shield government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Doolittle v. Baugh

Court of Appeals for the Fifth Circuit · Nov 3, 2000

With regard to the Defendants’ qualified immunity defense, we must first inquire as to whether Doolittle has alleged the violation of a clearly established constitutional right. See Siegert v. … P. 7 responses to the Defendants’ affirmative defense of qualified immunity.

National Labor Relations Board v. Schill Steel Products, Inc.

408 F.2d 803 · Court of Appeals for the Fifth Circuit · Mar 28, 1969

(c) To engage a qualified reporter to take and transcribe the testimony adduced at such hearings, each side to pay one-half of the reporter’s charges upon the order of the Master. … The Master may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon.

Constance Chaix INDEST, Plaintiff-Appellant, v. FREEMAN DECORATING, INC. and Larry Arnaudet, Defendants-Appellees

164 F.3d 258 · Court of Appeals for the Fifth Circuit · Jan 19, 1999

Indest cannot establish a basis for Freeman’s liability as her employer. The Supreme Court’s decisions in Ellerth and Far-agher articulate and recapitulate some, but not all, standards for employer liability. … Blake, 913 F.2d 226, 227 (5th Cir.1990) (holding that the doctrine of qualified immunity does not protect a government official who is sued in an official capacity under Title VII because Title VII does not impose personal

Baldwin v. Office of Injured Empl Cnsl

Court of Appeals for the Fifth Circuit · Apr 15, 2021

or Congress has clearly abrogated it.” 8 After careful review of the briefs and the record, we agree with the district court that Baldwin fails to plead facts indicating that Texas’s sovereign immunity from suit … Sovereign immunity, therefore, bars her claims, and she cannot establish federal jurisdiction over them.

Gordon v. Leatherman

450 F.2d 562 · Court of Appeals for the Fifth Circuit · Jan 5, 1972

These cases are clearly distinguishable. For example, one such case is McCarley v. … Conclusion 28 Section 7.02 of the Dade County Home Rule Charter is, in our opinion, clearly valid.

Allen v. Sun Refining

Court of Appeals for the Fifth Circuit · Dec 31, 1996

Consequently, these witnesses theorize, EtO reaches brain tissue, alkylates DNA and "clearly" causes animal brain tumors. … Norbert Page (D.V.M.) were not qualified to testify as experts on the issue of medical causation in this case.

Gic Services, L.L.C. v. Freightplus USA, Incorpora

866 F.3d 649 · Court of Appeals for the Fifth Circuit · Aug 8, 2017

We conclude that Freightplus qualifies as an NVOCC because it shares those characteristics typically associated with an NVOCC. … Under this well-established principle, IMC obtained -a maritime lien against the REBEL in rem.

DeLeon v. City of Haltom City

113 F. App'x 577 · Court of Appeals for the Fifth Circuit · Aug 27, 2004

Because Byno was unequivocally protected from liability by absolute judicial immunity, the district court did not clearly err in finding that DeLeon’s suit against Byno was frivolous. See Franceschi v. … Even if DeLeon’s new evidence did establish that Byno violated defendants’ civil rights, we still would not agree that an award of attorneys’ fees against DeLeon was unjust or inconsistent with the purpose of § 1988.3

Ctr for Biological Diversity v. Ken Salazar

683 F.3d 158 · Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

South Falls Corporation v. Manuel Kalkstein

349 F.2d 378 · Court of Appeals for the Fifth Circuit · Aug 24, 1965

Furthermore, the evidence clearly establishes that one of the purposes of obtaining the bond was to convince third parties of the financial soundness of the Giant Stores venture, thus facilitating the sale of the property … The evidence establishes that Hadsell was appointed local recording agent for United Benefit on February 7, 1958, under Art. 21.14, Texas Insurance Code, Vernon’s Annot.Civil Stats.

U.S. v. Watson

Court of Appeals for the Fifth Circuit · Apr 5, 1993

Theodore decided not to grant Campbell use immunity. Mr. … Campbell bore the burden of proving the underlying facts establishing a breach by a preponderance of the evidence. United States v.

Lake Eugenie Land & Development, Inc. v. BP Exploration & Production, Inc.

732 F.3d 326 · Court of Appeals for the Fifth Circuit · Oct 2, 2013

BP initially established its own claims process and later funded the claims process administered by the Gulf Coast Claims Facility (“GCCF”) to begin paying out claims immediately instead of at the conclusion of litigation … The court did not qualify its interpretation to state that this was not true of accrual-basis claimants, or to explain why one form of claims would be matched but not others.

Axel Haubold, Michael Emken, and John Sommerfeld v. Intermedics, Inc. And Carbomedics, Inc., Jack C. Bokros v. Intermedics, Inc., and Carbomedics, Inc.

11 F.3d 1333 · Court of Appeals for the Fifth Circuit · Feb 25, 1994

II. 11 On appeal, plaintiffs challenge the administrator's denial of benefits, asserting that the plans clearly encompass the plaintiffs' employment termination. … This provision clearly gives the plan administrator broad power to implement the severance plan and evaluate claimants' eligibility for benefits.

United States v. A. L. Ramsey, Circuit Court Clerk and Registrar, Clarke County, Mississippi, and State of Mississippi

331 F.2d 824 · Court of Appeals for the Fifth Circuit · Apr 23, 1964

[N]o pattern or practice of the registrar in such respect [failing to assist Negroes as he did whites] is established by the evidence in this record within the purview of the act." 5 90 In the face of all this, the majority … The answer to that question must clearly be "yes." To this extent, our original judgment is modified.

Curtis Hiner v. John McHugh

546 F. App'x 401 · Court of Appeals for the Fifth Circuit · Aug 9, 2013

Hiner is correct that, if he can show he was “clearly better qualified [than Branum] (as opposed to merely better or as qualified),” this would allow a factfinder to infer pretext. EEOC v. La. Office of Cmty. … We conclude that Hiner has not shown he was more qualified—or even as qualified—for the Division Chief position, much less that he was “clearly more qualified,” as our precedent requires.