Case law

Halliburton Energy Servs., Inc. v. Ironshore Specialty Ins. Co.

921 F.3d 522 · Court of Appeals for the Fifth Circuit · Apr 17, 2019

If it does, then Ironshore does not qualify as an insurer under Section 9.1 simply because it sold Statoil insurance—it must have sold Statoil a particular type of insurance. … First, Ironshore is clearly an insurer within the normal meaning of the word.

Barry Brister and Karen Brister, Cross-Appellees v. A.W.I., Inc., Cross-Appellants

946 F.2d 350 · Court of Appeals for the Fifth Circuit · Nov 25, 1991

Brister argues that the district court clearly erred in reaching this conclusion. … Nevertheless, a seaman clearly can receive only one recovery for his medical expenses.

Lusk v. Foxmeyer Health Corp.

129 F.3d 773 · Court of Appeals for the Fifth Circuit · Dec 4, 1997

common management and ownership between NII and its FoxMeyer subsidiaries, these factors alone are insufficient to establish single employer status. … The decision-makers clearly were the managers and supervisors of the parent corporation and not the subsidiary. See id. at 400 .

Cesar Roberto Fierro v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

197 F.3d 147 · Court of Appeals for the Fifth Circuit · Dec 22, 1999

The Court qualified its Thompson opinion with the following language: We should be clear about the circumstances we address in this case.... … Nevertheless, we do not lightly assume that Congress has intended to depart from established principles such as the scope of a court’s inherent power. 10 .

Jose Velasco v. City of Brownsville

Court of Appeals for the Fifth Circuit · May 8, 2018

Thus, the district court granted summary judgment to Lerma and Plata on qualified-immunity grounds on all of the claims against them. “We review a grant of summary judgment de novo.” N.Y. Life Ins. Co. v. … To overcome a defendant’s assertion of qualified immunity, a plaintiff must show first that “the official violated a statutory or constitutional right” and second that “the right was clearly established at the time of the

Anna Mathai v. Board of Supervisors of LA

Court of Appeals for the Fifth Circuit · Dec 30, 2013

Nelson in his individual capacity was dismissed based upon qualified immunity, a matter also wholly unaddressed by Mathai in her opening brief. The breach of contract claim against Dr. … Prior to her dismissal, Mathai never contested the grounds underlying the two contracts, the second of which clearly stated that immediate dismissal would be the result of a failure to comply.

United States v. Samuel Duncan, Jr., Grace Duncan, Gay Nell Duncan, Marshall Sutton, Angela F. Turner, Arthur D. Wilson, and Oscar L. Wilson

919 F.2d 981 · Court of Appeals for the Fifth Circuit · Jan 16, 1991

The prosecutor clearly established the prerequisites for admitting the records under the business records exception. 4 But the defendants argue that the insurance company records contained other unauthenticated medical records … The evidence clearly established a conspiracy organized by Samuel Duncan. We are convinced that under the applicable standards, there was sufficient evidence to connect each of the defendants to it.

United States v. James Burke, Louis Lopez and Henry Hill, United States of America v. Raul Charbonier and Luis Charbonier

495 F.2d 1226 · Court of Appeals for the Fifth Circuit · Aug 9, 1974

These affidavits failed to clearly show what the Charboniers would have testified to. … judicial processes against the debtor (A) in the jurisdiction within which the debtor, if a natural person, resided or (B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified

The United States of America v. Joe Alvin Anderson

885 F.2d 1248 · Court of Appeals for the Fifth Circuit · Sep 28, 1989

Conventional revolvers and semi-automatic pistols are not among the covered “firearms” enumerated in section 5845; “machine guns,” however, are. 3 The fully automatic pistols possessed by the instant defendant qualify as … Sparks, 449 U.S. 24 , 101 S.Ct. 183 , 66 L.Ed.2d 185 (1980) (overruling several prior Fifth Circuit decisions on 42 U.S.C. § 1983 immunity). 12 We overrule Vasquez , under which innocent possession of a worn or altered auto-loader

Dr. Samuel J. De Freese and Marsha Jean Simmons Defreese v. United States

270 F.2d 730 · Court of Appeals for the Fifth Circuit · Nov 4, 1959

When this resort is had, the conclusion is inescapable, we think, that the sections taken together have provided as clearly as though it had all been written out in the same section, that one dispensing drugs of the kind … In short, the fact that the crime in this case is wholesale, instead of retail, gives it no special claim to immunity. III. We have considered carefully all of the specifications of errors in this case. A.

United States v. Elizabeth Garcia De Nieto

922 F.3d 669 · Court of Appeals for the Fifth Circuit · Apr 30, 2019

Moreover, evidence established that De Nieto had been operating her scheme as early as 2008. … De Nieto has not established that the district court erred in any respect.

Bruff v. North Mississippi Health Services, Inc.

244 F.3d 495 · Court of Appeals for the Fifth Circuit · Mar 28, 2001

prohibit counselors from discriminating based upon sexual preferences, while Bruff introduced evidence that the counseling rules of ethics require a counselor to disclose to the patient any areas that the counselor is not qualified … CONCLUSION The evidence, considered in the light most favorable to Bruff, clearly established that requiring the Medical Center to accommodate her while retaining her in the position of EAP counselor would involve

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.

American Laser Vision, P.A. v. Laser Vision Institute, L.L.C.

487 F.3d 255 · Court of Appeals for the Fifth Circuit · May 16, 2007

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.”11 The arbitrator must “appreciate[] … the existence of a clearly governing principle but decide[] to ignore or pay no attention to it.”12 Moreover, once a manifest disregard is established, the court also “must find that the award

Lopez v. Laborers Intern. Union Local No. 18

987 F.2d 1210 · Court of Appeals for the Fifth Circuit · Apr 14, 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. timely appealed. II ANALYSIS A. … 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 24 Clearly, the district court's statement quoted above was

United States v. State of Texas

Court of Appeals for the Fifth Circuit · Jul 3, 2025

El Paso does not clearly allege—let alone establish—that 8,000 new people will be detained in county facilities. … Rev. 703, 715–16 (2019) (“To qualify for relief under general principles of equity jurisprudence, the plaintiff normally needed to establish not only that the defendants were behaving unlawfully, but also that their behavior

Colette A. Washington v. Dennis Patlis, Colette A. Washington v. Herbert Patlis and Dennis Patlis, D/B/A Pico's Restaurant

916 F.2d 1036 · Court of Appeals for the Fifth Circuit · Nov 8, 1990

Washington does not argue that the district court’s findings were clearly erroneous. Instead, she complains that they were not sufficiently detailed. This argument is without merit. … We have held that the quoted statutory language indicates that Congress intended for qualified litigants to be able to proceed without advancing costs, but that they may be ultimately liable for costs. Lay v.

Dr. Janet I. Merrill v. Southern Methodist University

806 F.2d 600 · Court of Appeals for the Fifth Circuit · Dec 24, 1986

As to the remaining claims, the court found that Merrill failed to establish intentional discrimination and held in SMU’s favor. Merrill appeals. We affirm. … Pound was qualified to teach the course, and had asked to teach it. Merrill’s final year at SMU was apparently a transition period. 5 .

Cole v. Barnhart

Court of Appeals for the Fifth Circuit · Apr 4, 2002

Cole's work from September 1992 to December 1992 qualifies as an unsuccessful work attempt that would alter Mr. Cole's disability onset date. Mrs. … Cole's testimony did not establish that he failed to meet the twelve-month durational requirement for disability or that he was capable of maintaining regular employment.

United States v. Francisco D. Pineiro, Also Known as Frank Pineiro

377 F.3d 464 · Court of Appeals for the Fifth Circuit · Jul 12, 2004

A finding of fact is clearly erroneous if, based on a consideration of all the evidence, we are left with the definite and firm conviction that a mistake has been made. Id. … As he points out, several circuits have held that a buyer-supplier relationship is insufficient to qualify for the “organizer or leader” sentence enhancement. See United States v.