Case law

Khan v. So Univ & Agri

Court of Appeals for the Fifth Circuit · Oct 31, 2007

Aug 19, 2005),1 the district court determined that Defendants were entitled to qualified immunity on some, but not all, of the claims raised by Early. … Gilliam were entitled to qualified immunity as to Early’s § 1981 retaliation and § 1983 free speech and due process claims; and (3) Defendant Gilliam was entitled to qualified immunity as to Early’s related § 1986 claim.

Mejia-Alvarenga v. Garland

95 F.4th 319 · Court of Appeals for the Fifth Circuit · Mar 8, 2024

Instead, Cardoza-Fonseca evaluated what is required to establish a “well-founded fear of persecution.” … As our precedent clearly states, “the failure to receive relief that is purely discretionary in nature does not amount to a deprivation of a liberty interest.” Ramos-Portillo v.

Esmael Balboa Tijerina v. Larry v. Plentl, Assistant Warden

958 F.2d 133 · Court of Appeals for the Fifth Circuit · Apr 16, 1992

Cooper, 876 F.2d 1192, 1195 (5th Cir.1989). 5 In Fischer, this court noted that, in order to qualify as the equivalent of notice of appeal, a document should accomplish the dual objectives of (1) notifying the court and ( … Maggio, 750 F.2d 405, 408-109 (5th Cir.1985) (it is well-established that request to proceed IFP satisfies filing requirement for notice of appeal), citing Causey v. Civiletti, 621 F.2d 691 (5th Cir.1980); Cobb v.

Raymond C. Byers v. Guinevere E. Byers

254 F.2d 205 · Court of Appeals for the Fifth Circuit · Apr 7, 1958

Dimick, Fla., 77 So.2d 867 (declaration whether the adopted child of the life tenant could qualify as a remainderman was refused during the lifetime of the life tenant); Munger v. … Probate courts have been established in one or two large metropolitan areas.

Beazley v. Johnson

242 F.3d 248 · Court of Appeals for the Fifth Circuit · Feb 9, 2001

For the “contrary to” clause: A state-court decision will certainly be contrary to our clearly established precedent if the state court applies a rule that contradicts … clearly established Federal law.” Id. at 1520 (emphasis added).

Hill v. Hathaway

Court of Appeals for the Fifth Circuit · Nov 5, 1999

No. 99-30206 -2- upon qualified immunity in a 42 U.S.C. § 1983 civil rights action filed by Katheryn Hill on behalf of her deceased son, Robert Wayne Hill. … violation of a clearly established constitutional right and, if so, whether the defendants’ conduct was objectively reasonable under clearly established law.

Allison v. Roberts

960 F.2d 481 · Court of Appeals for the Fifth Circuit · May 12, 1992

The second requirement is that the misrepresentations be of past or current acts; a promise to perform acts in the future is not considered a qualifying misrepresentation merely because the promise subsequently is breached … Grogan overruled this court and other federal appellate courts by holding that creditors need only establish fraud by a preponderance of the evidence, not by clear and convincing evidence.

Entergy Corp. & Affiliated Subsidiaries v. Commissioner

683 F.3d 233 · Court of Appeals for the Fifth Circuit · Jun 5, 2012

Viewed in practical terms, the Windfall Tax clearly satisfies the realization and net income requirements. … applied to the first nine years after flotation, rendering the initial period approximately 3,285 days (and the divisor one-ninth), the “multiplier” would have been (approximately) 1, and the Windfall Tax would suddenly qualify

Albert C. Toney v. N. A. White, United States of America v. Myrtis Bishop

488 F.2d 310 · Court of Appeals for the Fifth Circuit · Dec 3, 1973

It clearly contains the other element of those cases: racial discrimination which might have affected the election results. … The burden to establish such a defense would be on the Voter Registrar and we turn to the undisputed facts to test the merit of this belated defense.

Green v. CIR

Court of Appeals for the Fifth Circuit · Nov 30, 2007

Green argues that even under the highly deferential “clearly erroneous” standard, he is entitled to relief because the evidence presented at trial conclusively established 12 … While Green’s attempt to secure satisfaction of this personal judgment qualifies as an income seeking activity; it does not qualify as a business or trade.

Wilson v. Centene Mgmt

Court of Appeals for the Fifth Circuit · Feb 19, 2026

Because the Plaintiffs’ “damages model [was] based solely on this invalid theory,” Superior asserted the Plaintiffs failed to establish the concrete injury in fact required to establish Article III standing. … The Plaintiffs clearly provided evidence of injury in fact, including affidavits from the named Plaintiffs, the disputed contract, and most importantly, their expert report (a report that the district court deemed admissible

Louis Braud and Mrs. Anna S. Braud v. Floyd Baker and Luke Kiethley

324 F.2d 213 · Court of Appeals for the Fifth Circuit · Jan 27, 1964

Aside from the fact that the patrolman refused to give any categorical answer to the question counsel was propounding to him, indicating clearly that he was not qualified to give expert testimony on the subject, it is clear … The proof in this case falls far short of establishing the defense of last clear chance, which this Court discussed fully in a recent case involving Mississippi law, Illinois Central R. Co. v.

United States v. Young Brothers, Inc., Contractors

728 F.2d 682 · Court of Appeals for the Fifth Circuit · May 21, 1984

The $10,001 pay-off was a planned and established part of the full bidrigging scheme. … We conclude that the evidence was clearly sufficient for the jury reasonably to conclude that the mailings were in furtherance of the bidrigging scheme.

Federal Deposit Insurance Corporation v. L.L. Claycomb

945 F.2d 853 · Court of Appeals for the Fifth Circuit · Dec 6, 1991

Having failed to establish one of the essential elements of joint venture/partnership as a matter of law, SHWC cannot establish any recognizable legal defense in regard to partnership or joint venture. 19 48 For all of the … 787 S.W.2d 475, 492 (Tex.App.1990) [agreeing with the FSLIC's arguments and recognizing other courts, which have drawn on the policy reasons articulated in D'Oench to fashion a federal common law rule granting a receiver immunity

Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-Appellees

512 F.2d 276 · Court of Appeals for the Fifth Circuit · Apr 25, 1975

Judge Morgan noted that “[t]he guilt of the defendant was so clearly established by the evidence in the ease so as to have left the jury no choice but to find the defendant liable.” 225 F.Supp. at 919 . … In the Fifth Circuit’s opinion affirming the lower court decision, the' majority “wholeheartedly agree[d]” with Judge Morgan’s assessment that defendant’s liability was clearly established. Curtis Publishing Co. v.

Peter Joseph Caldarera, Jr., Etc. v. Eastern Airlines, Inc., and United States of America

705 F.2d 778 · Court of Appeals for the Fifth Circuit · May 27, 1983

They contend that, on cross-examination, they should have been allowed to establish that his more recent emotional difficulties stemmed from his remarriage. These arguments were carefully considered by the trial judge. … Sudderth, 681 F.2d 990, 996 (5th Cir.1982) (ruling on motion for new trial immune from appeal absent abuse of discretion); Nev els v.

United States v. Benito Sanchez-Rodriguez

Court of Appeals for the Fifth Circuit · Jul 18, 2016

Sanchez-Rodriguez must also demonstrate “a realistic probability, not a theoretical possibility,” that Florida “would apply its statute to conduct falling outside the generic definition” in order to establish 4 The … Considering, as we must, the “‘least culpable’ means of violating the statute of conviction,” Rodriguez-Negrete, 772 F.3d at 225, Glenn clearly establishes that a defendant need have no specific intent in order to be found

Fed. Sec. L. Rep. P 99,416 United States of America v. J. Chandler Peterson

101 F.3d 375 · Court of Appeals for the Fifth Circuit · Nov 27, 1996

According to Dueñas, “reinvestment” did not qualify as an expense or debt. … The Defendant has no burden to come forward with evidence to establish a defense of good faith.

United States v. Webster

421 F.3d 308 · Court of Appeals for the Fifth Circuit · Dec 8, 2004

, the district court entered a factual finding concluding that Apprendi does not retroactive- that Webster is not mentally retarded and is ly apply to initial habeas petitions under therefore not immune … practice of not placing black required, Webster’s generalized allegation that students in such courses even when necessary, more evidence of mental retardation and child and not because he did not qualify

United States v. Jones

517 F.2d 666 · Court of Appeals for the Fifth Circuit · Jul 30, 1975

Despite the general rule, we have clearly recognized, albeit in dicta, that an exception exists. … Similarly, no grants of immunity are involved here.