Case law

Equal Employment Opportunity Commission v. Exxon Corp.

202 F.3d 755 · Court of Appeals for the Fifth Circuit · Jan 28, 2000

That the two events qualify as the same matter, however, does not end our inquiry. … The federal bribery statute cited by the Justice Department, 18 U.S.C. § 201, clearly characterizes “expert witnesses” as those who may be compensated for their time: [This provision] shall not be construed to prohibit

Chevron Oil Company v. Cecil D. Andrus, Secretary, Department of the Interior

588 F.2d 1383 · Court of Appeals for the Fifth Circuit · Feb 9, 1979

The regulations clearly established the right of the authorized officer to accept or reject bids at the time of their opening. … There is no question that Chevron was a qualified bidder.

James Yarbrough, Individually and as Next Friend of Robert Yarbrough, a Minor v. Sturm, Ruger & Co.

964 F.2d 376 · Court of Appeals for the Fifth Circuit · Jun 15, 1992

The Eleventh Circuit also has examined whether the jury requested additional instructions or attempted to qualify its award. See Burger King Corp. v. … was "clearly critical” to establish that he had been driving at great speed).

Reza Mallihi Shoja v. Immigration and Naturalization Service

679 F.2d 447 · Court of Appeals for the Fifth Circuit · Jun 28, 1982

This is clearly an issue which this Court has jurisdiction to review. … The BIA and Special Hearing Officer were clearly correct in finding the petitioner was deportable as charged.

Zuspann v. Brown

60 F.3d 1156 · Court of Appeals for the Fifth Circuit · Aug 11, 1995

Having been given a 70 percent disability rating, Zuspann qualified for treatment. … may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.8 In 1988, Congress passed the Veterans' Judicial Review Act ("VJRA"),9 which clearly

Duhon v. Texaco, Inc.

Court of Appeals for the Fifth Circuit · Feb 18, 1994

The plan clearly states that benefits will be discontinued after the twenty- four month initial period "if the Employee is able to perform any job for which he or she is, or may become, qualified by training, education … Thus, on the basis of this record, because the administrator clearly did not abuse his discretion, it is unnecessary for the court to conduct the two-step analysis.

United States v. Richard Higgins

739 F.3d 733 · Court of Appeals for the Fifth Circuit · Jan 10, 2014

.”); Portillo, 18 F.3d at 292–93 (“We hold [ ] that when the record of the Rule 11 hearing clearly indicates that a defendant has read and understands his plea agreement, and that he raised no question regarding a waiver-of-appeal … maximum under the plea agreement—in which Higgins acknowledged a prior conviction under Louisiana law relating to the “abusive sexual conduct involve- ing a minor or ward”—was forty years; the maximum in the absence of such a qualifying

Baran v. Port of Beaumont Navigation District of Jefferson County

57 F.3d 436 · Court of Appeals for the Fifth Circuit · Jun 21, 1995

The rate increases did not go into effect at the Ports, however, as Art. 8267(C)(5) establishes that no rate increase affecting public ports can ever be set, established, or granted unless approved by the ports affected … Arguably, according to Pilots' definition of "interested party," only the Port of Beaumont could qualify as an interested party, as it was the only Port that testified at the Commission hearing.

Lake Charles Harbor & Terminal District v. Mrs. Josephine Haltom Henning Mrs. Josephine Haltom Henning v. Lake Charles Harbor & Terminal District

409 F.2d 932 · Court of Appeals for the Fifth Circuit · Apr 3, 1969

Each contends that the trial court merely averaged several appraisals in establishing the value of the property and that such a procedure is contrary to Louisiana law. … It is also well established that as to expert witnesses the testimony of each will be accorded equal weight when such testimony appears to be grounded on well established facts and is supported by sound reasoning and good

Langbecker v. Electronic Data Systems Corp.

476 F.3d 299 · Court of Appeals for the Fifth Circuit · Jan 18, 2007

To the extent Appellants’ contention is that no plan-wide fiduciary duties exist with respect to 401(k) participant-directed plans, it is clearly overbroad. … No reports, other than those required under section 1021(g) of this title, shall be required with respect to a simple retirement account established pursuant to such a qualified salary reduction arrangement. .

United States v. Andre Staggers

961 F.3d 745 · Court of Appeals for the Fifth Circuit · Jun 9, 2020

Ct. at 2201 (Alito, J., dissenting) (“The Court casually overturns the long-established interpretation of an important criminal statute, 18 U.S.C. § 922(g), an interpretation that has been adopted by every single Court of … First, the district court did not clearly err in analyzing the coercion factor.

Hodge v. Laryisson

Court of Appeals for the Fifth Circuit · Jul 7, 2000

III We conduct a bifurcated analysis to assess whether a defendant is entitled to qualified immunity. See Harper v. … The first step is to determine whether the plaintiff has alleged a violation of a clearly established constitutional right. Id.

Robinson Ex Rel. A.R. v. St. Tammany Parish Public School System

569 F. App'x 303 · Court of Appeals for the Fifth Circuit · May 29, 2014

Third, she asserts that the district court incorrectly found Darouse entitled to qualified immunity, again based on the contention 3  Case: 13-31210 Document: 00512645914 … Page: 4 Date Filed: 05/29/2014 No. 13-31210 that he “determin[ed] the outcome of the hearing before the commencement of said hearing, in contravention of clearly established

United States v. Williams

874 F.2d 968 · Court of Appeals for the Fifth Circuit · May 24, 1989

Even if the prosecutor in 1986 thought it more likely than not that they would repeat their previous 1983 denials — which has not been clearly established here — in this setting that would not suffice. … In the second place, it may be doubted that the Hudgings-Michael limitations on peiju-ry as contempt were clearly established or understood in 1831.

Sakla v. City of New Orleans

Court of Appeals for the Fifth Circuit · May 15, 2000

If, on the other hand, Sakla’s complaint is viewed as having been brought against the defendants in their individual capacities, they are entitled to qualified immunity.6 Qualified immunity 4 Baker … established law.

Mobil Exploration & Producing U.S., Inc. v. National Labor Relations Board

200 F.3d 230 · Court of Appeals for the Fifth Circuit · Dec 27, 1999

a) Deferral and the Clearly Repugnant Standard The Board may, in its discretion, decline to defer to an arbitrator’s award if the award is clearly repugnant to the … Thermon Heat Tracing Servs., Inc., 143 F.3d 181, 97-60789.CV0 50  To qualify as “concerted” activity, conduct need not necessarily be communal.

United States v. Andrew Jackson Robertson

560 F.2d 647 · Court of Appeals for the Fifth Circuit · Dec 1, 1977

Although the arresting agent testified that he did not strike a bargain to immunize Ross' wife from prosecution, he did agree to discuss the matter with the U.S. Attorney and the wife was released from custody. … Yet, nowhere do I read any language that qualifies the rule according to the motives of the person offering to plead.

Bisso v. Waterways Transportation Co.

235 F.2d 741 · Court of Appeals for the Fifth Circuit · Jun 30, 1956

One gets from an objective reading of this whole record the definite conviction that the stranding clearly ought *744 not to have taken place. … At that moment, to drop the starboard anchor was both indicated by prudence from the general situation, and the express conclusion of a qualified expert. He thought it was a wise maneuver calculated to help.

Kenneth R. Groves and Peggy L. Groves v. United States

533 F.2d 1376 · Court of Appeals for the Fifth Circuit · Jun 25, 1976

The judicial branch of the Trust Territory consists of the High Court for the Trust Territory and such other courts as may be established pursuant to law. … We do not read these decisions and the regulation to be inconsistent with our conclusion that Congress intended the government of the Trust Territory, like that of territories and possessions, to be immune from judicial review

United States v. Jefferson

623 F.3d 227 · Court of Appeals for the Fifth Circuit · Oct 6, 2010

If he testifies, Jefferson will have made his credibility an issue in the case—his credibility clearly will be “a fact material in the proceedings” and his convictions will clearly be “substantial proof” of that fact. … “Crimes qualifying for admission under Rule 609(a)(2) are not subject to Rule 403 balancing and must be admitted.” United States v. Harper, 527 F.3d 396, 408 (5th Cir. 2008).