Case law

Michael Baisden v. I'm Ready Productions, Inc., et

693 F.3d 491 · Court of Appeals for the Fifth Circuit · Aug 31, 2012

immunity into single interrogatory). … Baisden thus had to establish standing at the time his suit was filed.

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.

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.

McBride v. Immigration & Naturalization Service

238 F.3d 371 · Court of Appeals for the Fifth Circuit · Jan 19, 2001

cases in the hope of remaining in the United States long enough to be eligible for relief from deportation.”28 For purposes of review by a federal appellate court, the BIA’s interpretation of the stop-time rule clearly … That report notes that: Under the rules in effect before [the IIRIRA amendments], [an] otherwise eligible person could qualify for suspension of deportation if he or she had

Image of Greater San Antonio v. Brown

570 F.2d 517 · Court of Appeals for the Fifth Circuit · Mar 30, 1978

The Court did not think it necessary for defendants to prove that scores on the test were related to actual job performance, a re *521 quirement clearly established in Griggs. 5 The Court similarly did not require proof that … Although the Air Force has made some reference to provisions allowing an employee whose position has been abolished to “bump” an employee with less seniority out of a position that the first employee is qualified to fill,

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

Pastorek v. Trail

Court of Appeals for the Fifth Circuit · Jan 29, 2001

A public official loses qualified immunity when (1) his actions violate a constitutional right, (2) that was clearly established at the time of the violation, and (3) his conduct was objectively unreasonable. … Both Trail and Elkins are entitled to qualified immunity because they did not violate any of appellant’s clearly established constitutional rights.

Ruiz v. Estelle

161 F.3d 814 · Court of Appeals for the Fifth Circuit · Nov 20, 1998

The Final Judgment is clearly a prisoner release order within the meaning of 18 U.S.C. § 3626(g)(4). … Surely, this qualifies as an “unusual circumstance” militating in favor of finding timeliness. See Sierra Club at 1205.

Gonzalez v. CoreCivic

Court of Appeals for the Fifth Circuit · Jan 20, 2021

CoreCivic is clearly an entity covered by the term “whoever.” … It has clearly “obtain[ed]” the labor of these alien detainees.

Neal v. Puckett

286 F.3d 230 · Court of Appeals for the Fifth Circuit · Mar 15, 2002

Thus, that court's disposition of this issue was substantive and therefore qualifies as a decision "on the merits." 15 In this case, the "clearly established Federal law" is the Supreme Court's decision in Strickland v. … As the Supreme Court noted recently, 16 It is past question that the rule set forth in Strickland qualifies as "clearly established Federal law, as determined by the Supreme Court of the United States."

Poree v. Akwitti

Court of Appeals for the Fifth Circuit · Jan 29, 2021

As to whether the defendants were entitled to qualified immunity on the Eighth Amendment claim of deliberate indifference to Poree’s safety, we find no error with the district court’s determination that summary judgment … safekeeping while at the Hughes Unit, “a prison inmate does not have a protectable liberty or property interest in his custodial classification and an inmate’s disagreement with a classification is insufficient to establish

Deborah M. Bertrand, Etc. v. International Mooring & Marine, Inc. v. Fidelity & Casualty Company

700 F.2d 240 · Court of Appeals for the Fifth Circuit · Mar 17, 1983

The issue of which marine workers qualify as Jones Act seamen again surfaces before this court. Plaintiffs, who were members of an anchorhandling crew for International Mooring and Marine, Inc. … Moreover, had IMM chosen to own rather than charter the vessels, the Jones Act clearly would cover workers, meeting the Robison criteria. Braniff, 280 F.2d at 528.

McDonald v. Steward

Court of Appeals for the Fifth Circuit · Jan 5, 1998

immunity to Steward. … The magistrate judge found this claim barred by the doctrine of sovereign immunity.

Planned Parenthood of Houston and Southeast Tex. v. Sanchez

403 F.3d 324 · Court of Appeals for the Fifth Circuit · Mar 11, 2005

The Secretary's comments are clearly premised on the notion that abortion providers will receive funding. … Mead Corp., 533 U.S. 218, 226-27 , 121 S.Ct. 2164 , 150 L.Ed.2d 292 (2001) ("[A]dministrative implementation of a particular statutory provision qualifies for Chevron [ U.S.A., Inc. v.

Lopez v. Laborers International Union Local No. 18

987 F.2d 1210 · Court of Appeals for the Fifth Circuit · Apr 7, 1993

The court found that nothing more than bare allegations supported those claims, and that Lopez et al. failed to establish any discriminatory pattern or practice. Lopez et al. … This figure should represent all of the Hispanics who were available and qualified to be called through the specific request exception to the roll call system.16 Clearly, the district court's statement quoted

V.L. Cross v. Howell K. Lucius

713 F.2d 153 · Court of Appeals for the Fifth Circuit · Sep 2, 1983

Section 3521 of the Civil Code expressly provides that "[p]rescription runs against all persons, unless they are included in some exception established by law." … While the reenactment did not change the law, it now makes clear that "[p]rescription runs against all persons unless exception is established by legislation."

Gil Ramirez Group, L.L.C. v. Houston Indep

Court of Appeals for the Fifth Circuit · Mar 18, 2019

Qualified Immunity Marshall also argues the jury erred in finding he was not protected by qualified immunity. … He argues that the state of the law was unclear after McDonnell, and thus it could not have been “clearly established” which specific acts might be illegal.

Hoskins v. Bekins Van Lines

343 F.3d 769 · Court of Appeals for the Fifth Circuit · Sep 10, 2003

Dispute arises over the remaining three elements necessary to establish a valid limitation of liability. … Tex. 1992) (concluding that an interstate order for service qualified as a “receipt”), aff’d, 995 F.2d 221 (5th Cir. 1993), cert. denied, 510 U.S. 977 (1993).

McWhiter Taylor v. Monroe County Board of Supervisors

421 F.2d 1038 · Court of Appeals for the Fifth Circuit · Jan 14, 1970

This decision was based partially on the fact that the current election process *1040 had already been set in motion (all that had occurred was that the qualifying date for party primaries had expired). … The court said, “That would be very clearly the situation if the Monroe County Board of Supervisors had, without federal court litigation, redistricted this county.