Case law

Harris v. Kirby

Court of Appeals for the Fifth Circuit · Jan 23, 1998

immunity. … The allegations of Appellee’s complaint, presumptively supported by sufficient evidence, demonstrate a violation of his clearly established constitutional rights.

United States v. Albert Samuel Fortna, Jr.

769 F.2d 243 · Court of Appeals for the Fifth Circuit · Aug 12, 1985

We note initially our agreement with Delker, 757 F.2d at 1396-97 , that, consistent with the principle previously discussed, hearsay or other information not qualifying as admissible trial evidence is not necessarily an improper … It was never clearly explained how Fortna (who did not graduate from high school) had managed to amass so large a fortune since he started in business (with his father) in 1969. 11 .

Joanne Stone v. Louisiana Dept of Revenue

707 F. App'x 216 · Court of Appeals for the Fifth Circuit · Aug 31, 2017

Stone’s case—under Louisiana law, an ex-employer who is asked to provide a reference for an employee and “provides accurate information about a current or former employee’s job performance or reasons for separation shall be immune … prong, we need not reach the issue of whether Lockley’s alleged behaviors would qualify as adverse employment actions for purposes of retaliation. 7

Branch v. Phillips Petroleum Co.

638 F.2d 873 · Court of Appeals for the Fifth Circuit · Mar 5, 1981

Thus, it asserts no privilege to immunize it from discovery and informs the court that it has notified counsel for Phillips of its willingness to disclose it. … The “agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material” to

Alvin G. Sykes v. Columbus & Greenville Railway

117 F.3d 287 · Court of Appeals for the Fifth Circuit · Jul 21, 1997

Sykes remained with C&G (ultimately qualifying as a conductor) for approximately nine months. … The amount of his prior military service was not relevant unless he could establish that he left his position with the Postal Service to enlist (or reenlist) in the military.

Fairley v. HATTIESBURG, MISS.

584 F.3d 660 · Court of Appeals for the Fifth Circuit · Sep 29, 2009

The district court, however, found that it was impossible, on the evidence presented, to determine the total number of college students registered to vote in the City or the total number of college students qualifying as … Failure to establish all three of these elements defeats a [§ 2] claim.

Kleinman v. City of San Marcos

597 F.3d 323 · Court of Appeals for the Fifth Circuit · Feb 10, 2010

Planet K stores are funky establishments that sell novelty items and gifts. … The preliminary statutory issue, however, is whether the car-planter qualifies as a “work of visual art” under the VARA.

Braniff Airways, Inc. v. Exxon Co.

814 F.2d 1030 · Court of Appeals for the Fifth Circuit · Apr 20, 1987

“[I]t is essential to the establishment of a setoff that the claims or debts be mutual____” Braniff, 42 B.R. at 449 . … First, assuming the funds qualify as property that can be subject to a bailment, the money in this case was not given in trust. It was given as payment for fuel.

United States v. Robert Scully

951 F.3d 656 · Court of Appeals for the Fifth Circuit · Mar 4, 2020

The district court found no “reason to divide the premises in two lots when the physical aspect of this whole set-up showed it was clearly one establishment with a worn pathway between the two and obviously Mr. … Misleading omissions qualify as false representations. See Pasquantino v. United States, 544 U.S. 349, 357 (2005).

Barbara A. Nesmith and Richard A. Nesmith v. H. D. Alford

318 F.2d 110 · Court of Appeals for the Fifth Circuit · May 30, 1963

The first two elements were sufficiently established. … His function was to determine whether legal grounds existed for an arrest and prosecution. 35 At least on this present record we think he had quasi judicial immunity. Lewis v.

United States v. Planck

493 F.3d 501 · Court of Appeals for the Fifth Circuit · Jul 19, 2007

Any other determination would allow convicted felons and terrorists to establish armories where all of their weapons would be kept. … In this guilty-plea case, the district court did not clearly err in implicitly finding that, based on and supported by the evidence actually presented, Planck must have acquired possession of the images and movies at different

Moore v. Quarterman

534 F.3d 454 · Court of Appeals for the Fifth Circuit · Jul 7, 2008

application of . . . clearly established Federal law.’” … Neither was a habeas case, and neither even purported to apply “clearly established federal law as determined by the Su- preme Court . . . .” 28 U.S.C. § 2254(d).

Amin v. Mayorkas

24 F.4th 383 · Court of Appeals for the Fifth Circuit · Jan 24, 2022

has not demonstrated extraordinary ability.5 The agency’s reading is consistent with the governing statute and regulation.6 The regulation does not say that meeting the regulatory criteria presumptively qualifies … If meeting the regulatory criteria was enough to establish one’s acclaim, there would be no step two of the analysis.

Lamar Outdoor Advertising, Inc. v. Mississippi State Tax Commission

701 F.2d 314 · Court of Appeals for the Fifth Circuit · Mar 11, 1983

Although the government clearly has the power to correct misleading omissions, “the preferred remedy is more disclosure, rather than less.” … This discussion clearly establishes that the court’s decision was based upon its now-rejected view of the unprotected First Amendment status of advertising in general, and the rights of commercial broadcasters in particular

Lee v. Stalder

223 F. App'x 315 · Court of Appeals for the Fifth Circuit · Mar 12, 2007

We review de novo the denial of summaryjudgment predicated on qualified immunity. Beltran v. City of El Paso, 367 F.3d 299, 302 (5th Cir. 2004). We use a two-step approach to analyze qualified immunity claims. … If the plaintiff’s allegations could make out a constitutional violation, we then “ask whether the right was clearly established--that is, whether ‘it would be clear to a reasonable officer that his conduct was unlawful

City Of Austin, Texas, Brackenridge Hospital v. Margaret M. Heckler

753 F.2d 1307 · Court of Appeals for the Fifth Circuit · Feb 25, 1985

during the period for which it claims entitlement to additional reimbursement. 40 Fed.Reg. 23,622 (1975). 5 The limitations applied only to "Hospital Inpatient General Routine Service Costs," id., and unless a hospital qualified … That the Secretary maintains data on other hospitals does not immunize the provider from obtaining that information.

United States v. Richard Lee Heinz

983 F.2d 609 · Court of Appeals for the Fifth Circuit · Mar 10, 1993

Moreover, the government used a lawyer with whom Heinz had previously established an attorney-client trust. … Still, the DR 7-104(A)(1) argument was clearly presented to this Court.

United States v. Larry A. Osum

943 F.2d 1394 · Court of Appeals for the Fifth Circuit · Sep 25, 1991

Simmons, 476 F.2d 33, 35 (9th Cir.1973), we hold that no violation of any provision of the random allotment system has been established. Moreover, as noted, Osum has demonstrated no prejudice. … The trial court instructed the jury, inter alia, that the "testimony of an alleged accomplice and ... of one who provides evidence ... for immunity from punishment or for personal advantage ... must always be examined and

Weeks Marine, Inc. v. Fireman's Fund Insurance Company

340 F.3d 233 · Court of Appeals for the Fifth Circuit · Aug 27, 2003

Weeks asserts that it qualifies as a “claimant” under the bond because (1) it had a direct contract with Friede Goldman; (2) it provided “labor”; and (3) the labor was used in the performance of the shipbuilding contract. … The uncontro-verted record evidence conclusively establishes that Weeks provided labor that was “used” in performance of the shipbuilding contract. The bond, drafted by FFIC, requires no more. III.

Medina v. Ramsey Steel Co Inc

Court of Appeals for the Fifth Circuit · Feb 16, 2001

The district court held that Medina failed to raise a fact issue on whether he was qualified for the outside salesman position. … The record does not clearly indicate when Doug Ramsey and other Ramsey Steel officials learned of Medina’s age discrimination complaints.