Case law

Cook v. Mississippi Department of Human Services

108 F. App'x 852 · Court of Appeals for the Fifth Circuit · Aug 17, 2004

Clearly Better Qualified The thrust of Cook’s challenge to MDHS’s proffered rationale for selecting Buchanan is that she was clearly better qualified than Buchanan. … factfinder to conclude that she was clearly better qualified than Buchanan.

United States v. Israel Perez-Solis

709 F.3d 453 · Court of Appeals for the Fifth Circuit · Feb 20, 2013

participant (four levels), a minor participant (two levels), or something in between (three levels).57 The difference between these types of participants is in degree only.58 Thus, a defendant whose role was too substantial to qualify … Green, 152 F.3d 1202, 1205–06 (9th Cir. 1998) (holding that district court did not clearly err in granting reduction, though it was a close question); United States v.

Robert Parker v. A. F. Cook, Individually and in His Capacity as Superintendent of Glades Correctional Institute

642 F.2d 865 · Court of Appeals for the Fifth Circuit · Apr 17, 1981

Although the court granted declaratory relief, it denied plaintiff’s claim for damages on the basis of the State officials’ qualified immunity from damages. … Placing a prisoner in disciplinary confinement clearly affects the prisoner’s liberty interest, e. g., Wolff v.

Spirit Aerosystems v. Paxton

142 F.4th 278 · Court of Appeals for the Fifth Circuit · Jun 26, 2025

The district court abuses its discretion if it “(1) relies on clearly erroneous factual findings when deciding to grant or deny the permanent injunction, (2) relies on erroneous conclusions of law when deciding to grant or … And the Attorney General in quo warranto proceedings challenging the Annunciation House RTE has argued that he is “immune from suit.”

Kvue, Inc. v. Moore

709 F.2d 922 · Court of Appeals for the Fifth Circuit · Jul 18, 1983

The existence of a “case” in the constitutional sense being established, we consider its merits. … The FCC’s explication of the public interest requirement has established standards that broadcasters must meet to renew or secure a license.

Carson Products Co. v. Califano

594 F.2d 453 · Court of Appeals for the Fifth Circuit · May 4, 1979

The FDA concluded that “[ajfter reconsidering all data and information submitted,” ingredient 05 did not qualify as a trade secret. … All that is necessary is the identification of ingredient 05 as the likely catalyst, and that much the sources clearly reveal.

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

Birdie Mae Davis v. Board of School Commissioners of Mobile County

364 F.2d 896 · Court of Appeals for the Fifth Circuit · Aug 16, 1966

We said: “HEW’s statement of April, 1965 establishes only minimum standards of general application. … We find this to be clearly the holding of the Supreme Court in Rogers v. Paul.

The National Foundation v. City of Fort Worth

415 F.2d 41 · Court of Appeals for the Fifth Circuit · Aug 5, 1969

exemptions in Section 3 of Chapter 32 are discriminatory and deny it equal protection of the laws; (5) Seeking a permit in prior years did not estop it from now bringing these claims; and (6) It was denied a right, privilege, or immunity … When read together, these two subdivisions clearly point out that the plain intent of the City Council in enacting the subdivisions was to provide that if solicitation costs exceed twenty percent of the gross amount raised

Albert Cramer v. NEC Corporation of America

496 F. App'x 461 · Court of Appeals for the Fifth Circuit · Nov 13, 2012

Green.15 Under McDonnell Douglas, a plaintiff must first establish a prima facie case of discrimination by showing that the plaintiff was a member of the protected class at the relevant time, the plaintiff was qualified for … A Cramer first contends that there is sufficient evidence that a jury could find that he is clearly better qualified. We disagree.

Jackson v. Stinnett,et al

102 F.3d 132 · Court of Appeals for the Fifth Circuit · Dec 11, 1996

Moore & Jo Desha Lucas, Moore’s Federal Practice ¶ 1.02[5] at 10 (2d ed. 1996) (“A clearly inconsistent statute enacted subsequent to [the Rule’s effective date] would . . . … The PLRA does not mention the Rule, although both clearly -6- govern the same procedure governing i.f.p. appeals.

United States v. Robert Kaluza

780 F.3d 647 · Court of Appeals for the Fifth Circuit · Mar 11, 2015

The district court decided that the “persons in positions of authority” qualifier did not constitute an additional limiting common attribute. … The district court clearly understood that the rule of lenity is only applied as a last resort.

Kohwarien v. Holder

635 F.3d 174 · Court of Appeals for the Fifth Circuit · Mar 4, 2011

To be eligible for pre-conclusion voluntary departure you must qualify, you must waive all rights of appeal, agree you are removable as charged, and pursue no other relief, must not … You must merit and timely ask for it, you must have a valid travel document or establish you’re diligently getting it. Do you understand, yes or no?

Dr. Edwin G. Hyde v. Jefferson Parish Hospital District No. 2 and East Jefferson Hospital Board

686 F.2d 286 · Court of Appeals for the Fifth Circuit · Sep 20, 1982

On appeal, Hyde argues that: (1) the tying arrangement involved is not immune from per se liability solely because of the professional nature of the services involved; (2) the district court erred in holding that the defendant … The district judge’s determination that strictly quality considerations led the hospital to enter into an exclusive contract is clearly erroneous.

Bright v. G B Bioscience Inc

305 F. App'x 197 · Court of Appeals for the Fifth Circuit · Dec 15, 2008

Bright was ranked last of the in-house contract workers during the 2004 hiring process, and “there is no evidence that Bright was more qualified, much less ‘clearly more qualified,’ for the positions than the individuals … In Manning, the court rejected the plaintiff’s argument, echoed here by Bright, that Reeves precludes the application of the clearly better qualified test.

Gochicoa v. Johnson

238 F.3d 278 · Court of Appeals for the Fifth Circuit · Dec 29, 2000

Sarmiento-Perez, 633 F.2d 1092, 1099 (5th Cir.1981) (“Conceptually, at least, evidence sufficiently reliable to qualify for admission under a recognized exception to the hearsay rule might yet offend confrontation values; … The alleged statements clearly bore on a fundamental part of the State’s case against the petitioner.

Guaranty Employees Association v. United States

241 F.2d 565 · Court of Appeals for the Fifth Circuit · Jan 18, 1957

Appellee points to O.D. 780, 4 Cum.Bull. 262 (1921), as the administrative enjoinder that an organization which receives its members’ deposits and operates the fund for speculation cannot qualify as an exempt mutual savings … The line between “other unincorporated organization,” which is treated as a partnership, and “associations,” which are taxed as corporations, is not clearly drawn. In the case of Morrissey v.

Ralph Whitley v. BP, P.L.C.

838 F.3d 523 · Court of Appeals for the Fifth Circuit · Sep 26, 2016

. §§ 1001-1461, protects participants in voluntarily established, private sector retirement plans. … It does this “by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans.” 29 U.S.C. § 1001(b).

NA of Private Fund Managers v. SEC

103 F.4th 1097 · Court of Appeals for the Fifth Circuit · Jun 5, 2024

- 2(a)(51) (definition of “qualified purchaser”); National Securities Markets Improvement Act of 1996, Pub. … Yet Congress clearly chose not to impose the same prescriptive framework on private funds.

Dorethea N. HORNBUCKLE, Plaintiff-Appellant, v. ARCO OIL AND GAS COMPANY, Defendant-Appellee

770 F.2d 1321 · Court of Appeals for the Fifth Circuit · Sep 16, 1985

Plaintiff maintained an account with the Atlantic Richfield Thrift Plan (the “Thrift Plan”), a tax-qualified profit-sharing plan. … The numerous unsecured loans which were extended to Plaintiff following the Court’s imposition of the monetary sanction clearly establish that her credit rating would not have precluded her from obtaining a loan for $5,700