Case law

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

Board of Supervisors v. Ludley

252 F.2d 372 · Court of Appeals for the Fifth Circuit · Feb 13, 1958

These three appeals are from orders granting a temporary injunction forbidding the defendants, Louisiana State Board of Education and Board of Supervisors of Louisiana State University, to deny to any qualified applicant … Either it attempts to give designated officials the power to exclude students from all state supported colleges without establishing objective standards which they can seek to satisfy or it implies the standard (which was

Deering Milliken, Inc., Unity Plant v. Occupational Safety & Health Review Commission

630 F.2d 1094 · Court of Appeals for the Fifth Circuit · Nov 19, 1980

Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. … The language of both regulations is clearly mandatory.

Robinson v. Our Lady of the Lake Regional Medical Center, Inc.

535 F. App'x 348 · Court of Appeals for the Fifth Circuit · Jul 9, 2013

The district court found that only the reduction in Robinson’s pay and the termination of her employment qualified. … Accordingly, she did not establish the requisite causal link.

United States v. Shaughnessy

Court of Appeals for the Fifth Circuit · Oct 2, 2025

“A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” Id. (citation omitted). … Shaughnessy maintains that the Government’s own correspondence with NCMEC appeared to identify fewer qualifying files and that Mr.

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

Westwego Citizens for Better Government v. City of Westwego

946 F.2d 1109 · Court of Appeals for the Fifth Circuit · Oct 28, 1991

Green did not qualify for the runoff election and was not elected to office. B. … The district court’s findings on the latest remand of this case clearly establish that the plaintiffs have met this requirement.

United States v. Joe Raymond Diez and Peter A. Palori

515 F.2d 892 · Court of Appeals for the Fifth Circuit · Jul 14, 1975

That conspiracy clearly had ended when the arrested coconspirator made her statement. … Thus the conspirators were clearly on notice that their activities had aroused suspicion and that further deception might be necessary to fulfill their purpose.

Tunica-Biloxi Tribe, a Sovereign Indian Nation v. State of Louisiana

964 F.2d 1536 · Court of Appeals for the Fifth Circuit · Jun 24, 1992

schools leave no room for the additional burden sought to be imposed by the State through its taxation of the gross receipts____ This burden, although nominally falling on the non-Indian contractor, necessarily impedes the clearly … Because we find that the imposition of the tax was proper, we need not reach the issue of qualified immunity for the state officials.

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.

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).

LaVergne v. Stutes

Court of Appeals for the Fifth Circuit · Jul 8, 2021

In their motions, the defendants alleged myriad defenses, including: absolute immunity, qualified immunity, prescription, and res judicata. … Williams, 979 F.3d 262, 269 (5th Cir. 2020) (qualified immunity); Saucier v. Aviva Life & Annuity Co., 701 F.3d 458, 466 (5th Cir. 2012) (res judicata); Alaska Elec. Pension Fund v.

Louis Dreyfus Corp. v. 27,946 Long Tons of Corn

830 F.2d 1321 · Court of Appeals for the Fifth Circuit · Oct 29, 1987

Stickney and Sargent, the district court’s finding that the ORIENT TRADER’S crew failed to show due diligence is not clearly erroneous. … The evidence establishes that the reasonable pre-estimate of damages is $30,000 for a full calendar day or a twenty-four hour period.

R. Richardson, L. Danage, W. North and O. L. Walls v. Texas and New Orleans Railroad Company

242 F.2d 230 · Court of Appeals for the Fifth Circuit · Jun 11, 1957

Appellants rely particularly upon the Steele Case, supra, as establishing that no interpretation of the application of an existing bargaining agreement justifies relegating such discriminatees to any supposed administrative … That was clearly implied by Mr. Chief Justice 'Stone in his subsequent opinion, for the Court in. Steele, supra, 323 U.S. at pages 204-205, 65. S.Ct. at pages 232-233. .

Castro v. McCord

259 F. App'x 664 · Court of Appeals for the Fifth Circuit · Dec 18, 2007

In the section of the brief discussing the j.m.l., plaintiffs seem to challenge the jury’s finding that McCord is entitled to qualified immunity, but the exact scope of the argument is murky. … Finally, in the brief’s penultimate paragraph, plaintiffs request that this court vacate the jury’s finding that McCord had qualified immunity and “con- firm” the finding that McCord used excessive force.

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.

George v. Livingston Parish Bd

Court of Appeals for the Fifth Circuit · Sep 11, 2000

constitutional violation of George’ rights under clearly established law was alleged. See Guidry v. … Appellees were therefore entitled to qualified immunity. AFFIRMED. 2

Williams v. McDonough

Court of Appeals for the Fifth Circuit · Mar 31, 2023

The Officers moved for summary judgment based on qualified immunity. … Aleshire, 800 F.3d 656, 663–64 (5th Cir. 2015) (“Scott instructs that a plaintiff’s version of the facts should not be accepted for purposes of qualified immunity when it is ‘blatantly contradicted’ and ‘utterly

United States v. Eugene Leslie

759 F.2d 366 · Court of Appeals for the Fifth Circuit · May 14, 1985

Almost half a century ago, the Supreme Court spoke unanimously and clearly: “For racial discrimination to result in the exclusion from jury service of otherwise qualified groups ... is at war with our basic concepts of a … Evidence discovered by the defendant after the trial indicated that prior to trial the prosecutor had promised the witness either complete immunity or leniency in exchange for the witness’s willingness to testify.

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.