Case law

Sally Gahn v. Allstate Life Insurance Company

926 F.2d 1449 · Court of Appeals for the Fifth Circuit · Mar 26, 1991

Gahn with too few employees to qualify for group rates on their own. Homer Gahn’s initial premium under the 1986 policy was $287.57 per month, and the policy provided unlimited coverage for major medical expenses. … The district court made no factual findings at all regarding the language of the policy, and, therefore, we can uphold the summary judgment only if the terms of the contract clearly permit Allstate to cancel Mrs.

Cmty Fin Assoc America v. CFPB

51 F.4th 616 · Court of Appeals for the Fifth Circuit · Oct 19, 2022

§ 5531(c)(1) (emphasis added), while the FTCA includes no such qualifier, see 15 U.S.C. § 45(n). … In those situations, the statutory provision would clearly cause harm.

Heriberto Chavez v. Plan Benefit Services

957 F.3d 542 · Court of Appeals for the Fifth Circuit · Apr 29, 2020

Applying that principle, Ortiz held that a proposed class did not qualify, because it did not sufficiently resemble a “limited fund.” See id. … It fails to examine the facts of this specific class to ensure that it qualifies.

H. A. Phillips, Trustee v. Betty Vitemb and E. L. Hillman

235 F.2d 11 · Court of Appeals for the Fifth Circuit · Jul 26, 1956

But none of this sum ($3,265.53) is shown by any fact evidence to qualify as the wife’s separate property since, by statute, this is confined to that owned or claimed by her before marriage and that acquired afterward by … Indeed, that fact, highlighting a seeming paradox, is of dominant significance, for unless the conveyance clearly and affirmatively reflects (as this one does not) that it is to be property of the separate estate so that,

Choice Healthcare, Inc. v. Kaiser Foundation Health Plan

615 F.3d 364 · Court of Appeals for the Fifth Circuit · Aug 11, 2010

Even if [defendant’s] contacts with the state of Texas have been, in some sense, “continuous and systematic,” [defendant’s] activities, in toto, are clearly not substantial enough to justify subjecting … Viewed in this light, Kaiser’s payment to Choice for urgent or emergency treatment of its insureds who visited Louisiana and fortuitously required such treatment cannot qualify as commercial activity purposefully directed

Olumuyiwa Adeleke v. Dallas Area Rapid Transit

487 F. App'x 901 · Court of Appeals for the Fifth Circuit · Aug 27, 2012

the reasons for its conduct and another motivating factor is the 1 Although we have recognized certain association claims in the past, we have found no case in which dislike of a racial or ethnic group qualified … Adelke’s subjective opinions regarding his relative qualification for the positions are insufficient to establish that he clearly was better qualified and that DART’s reason for not hiring him is a pretext for discrimination

Paredes v. Thaler

617 F.3d 315 · Court of Appeals for the Fifth Circuit · Jul 29, 2009

established Federal law, as determined by the Su- preme Court.” 28 U.S.C. § 2254(d)(1). … Washing- ton, 466 U.S. 668 (1984), sets forth the “clearly established federal law” for Pare- des’s ineffective-assistance claims: Paredes must show that counsel was defi- cient and that the deficient performance prejudiced

Charles BALDWIN, Plaintiff-Appellant, v. BIRMINGHAM BOARD OF EDUCATION, Defendant-Appellee

648 F.2d 950 · Court of Appeals for the Fifth Circuit · Mar 19, 1981

One of the major obstacles to accreditation was the large number of elementary teachers teaching “out of field,” that is, teaching subjects or grades for which they were not qualified under standards published by the Southern … Although plaintiff contends this finding was clearly erroneous, the record sufficiently supports the court’s finding. Following the conversation with Dr.

Washington v. McLane

Court of Appeals for the Fifth Circuit · Feb 5, 2025

Jurisdiction Defendants raise two jurisdictional issues for us to decide for the first time on appeal—sovereign immunity and standing.2 Sovereign immunity generally forbids suit against state officials in … Defs. of Wildlife, 504 U.S. 555, 561 (1992) (explaining that a plaintiff “invoking federal jurisdiction bears the burden of establishing” standing); Carver v.

Texas Eastern Transmission Corp. v. Federal Energy Regulatory Commission

769 F.2d 1053 · Court of Appeals for the Fifth Circuit · Aug 19, 1985

The drafters’ choice of the words “rule or order” in this context clearly contemplates the establishment of an industry-wide scheme of reimbursement. … These *1062 generic allowances clearly comport with that statutory requirement.

Fed. Sec. L. Rep. P 97,301 Securities and Exchange Commission v. Spence & Green Chemical Company and Andrew Spence, Sr.

612 F.2d 896 · Court of Appeals for the Fifth Circuit · Feb 27, 1980

While also employing other factors, such as number of offerees and units offered, this court has recognized the primary factor in qualifying for this exemption to be the knowledge of the offerees. Doran v. … The accom *903 panying transcripts and affidavits delineate numerous material misrepresentations and nondisclosures clearly proscribed by the an-tifraud provisions — for example, Spence’s prediction that the stock would soon

United States v. Rahimi

61 F.4th 443 · Court of Appeals for the Fifth Circuit · Mar 2, 2023

And there is some debate over the extent to which the Court’s “law-abiding” qualifier constricts the Second Amendment’s reach. Compare Kanter v. … First, they are more clearly a part of our tradition of firearm regulation.

Estate of Roberta L. Bailey, Deceased, and Joseph W. Bailey, Iii, Independent v. Commissioner of Internal Revenue

741 F.2d 801 · Court of Appeals for the Fifth Circuit · Sep 17, 1984

In reviewing the Tax Court’s decision, we recognize that we may reverse only those findings of fact that are clearly erroneous. Allen v. … Sentry Title Co., 715 F.2d 941 (5th Cir.1983), mandate recalled on other grounds, 727 F.2d 1368 (5th Cir.1984), we held that to establish a constructive trust, the plaintiff must first show, by a preponderance of the evidence

United States v. Robert Triplett, Jr.

684 F.3d 500 · Court of Appeals for the Fifth Circuit · Jun 13, 2012

5  Case: 11-60277 Document: 00511886501 Page: 6 Date Filed: 06/13/2012 No. 11-60277 Such a finding will not be set aside unless clearly … This is so because magistrates are considered more qualified than law enforcement in making that assessment. Id.

Ingebretsen on Behalf of Ingebretsen v. Jackson Public School Dist.

88 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 10, 1996

Under the terms of the statute, the state or its representatives will inevitably be forced to decide who prays and which prayers qualify as nonsectarian and nonproselytizing. … This is clearly the sort of state involvement contemplated by Karen B. III. Mississippi argues next that the district court erred in issuing the preliminary injunction.

Can-Am International, LLC v. Republic of Trinidad & Tobago

169 F. App'x 396 · Court of Appeals for the Fifth Circuit · Mar 1, 2006

The party claiming FSIA immunity must establish a prima facie case that it satisfies FSIA’s definition of a foreign state, thereby creating a presumption of immunity. United States v. … First, there is a question as to whether Sorsby’s acts in the United States qualify as “commercial activities.”

United States v. Wayne Garfield Brookins, III

614 F.2d 1037 · Court of Appeals for the Fifth Circuit · Apr 3, 1980

Holt before [they] started questioning,” and that Carlton Holt’s name “clearly was discoverable from information they obtained independent of that [interrogation statement],” although the statement was in fact a source of … testimony that he would not have given if the police had not promised Brookins immunity. .

Jerry Wayne Hagan v. Ez Manufacturing Company

674 F.2d 1047 · Court of Appeals for the Fifth Circuit · May 5, 1982

Clearly, therefore, defendant’s product is not unreasonably dangerous per se. 576 F.2d at 101 . … Then he mentioned only “that the Plaintiff has not established any defective design in this case nor has he established that the failure to warn him of the dangers incident to the use of the machine was a producing cause

United States v. Joseph J. Rey, Sr.

641 F.2d 222 · Court of Appeals for the Fifth Circuit · Mar 30, 1981

Therefore, this claim of denial of due process is not properly within an Abney appeal, and must independently qualify under Cohen’s collateral order exception. Abney, 431 U.S. at 663 , 97 S.Ct. at 2042 . … Rey initially asserts that the evidence is insufficient to establish a conspiracy between himself and Lozano.

Brandon Chambers v. Richard Stalder

372 F. App'x 471 · Court of Appeals for the Fifth Circuit · Mar 30, 2010

Decuir, and Jeffrey Melchior, moved for summary judgment based on qualified immunity. The motion was denied, and they appeal. We AFFIRM. … We have authority to review a district court’s determination that “a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.” Id.