Case law

United States v. Vargas-Duran

356 F.3d 598 · Court of Appeals for the Fifth Circuit · Jan 8, 2004

Clearly, even in this situation the defendant used force to cause physical harm. … In adopting the new definitions of “crime of violence” and “aggravated felony” in the 2001 Guidelines, the Sentencing Commission clearly intended to change the type of predicate offenses which would qualify as

32 Fair empl.prac.cas. (Bna) 961, 32 Empl. Prac. Dec. P 33,769, 13 Fed. R. Evid. Serv. 1815 Andra A. Capaci, Cross-Appellee v. Katz & Besthoff, Inc., Cross-Appellant, Equal Employment Opportunity Commission, Intervenor-Appellant

711 F.2d 647 · Court of Appeals for the Fifth Circuit · Aug 8, 1983

The plaintiff claiming disparate treatment of women as a class must establish a pattern and practice of gender-based discrimination by the employer, and must also establish discriminatory motivation. Wheeler v. … Likewise, statistical evidence may be used to establish discriminatory motive, a necessary element of a Title VII disparate treatment claim. Pouncy v.

Esmark Apparel, Inc. v. James

Court of Appeals for the Fifth Circuit · Jan 10, 1994

The court also concluded that James had failed to overcome Esmark's qualified privilege by establishing either excessive publication or actual malice on the part of the company. … To maintain its qualified privilege defense, Esmark first must establish that the "occasion" of its alleged defamatory statement was qualifiedly privileged. See Garziano v. E.I.

Susan Dixon v. Comal County, Texas

447 F. App'x 638 · Court of Appeals for the Fifth Circuit · Nov 1, 2011

We have also held that a plaintiff’s showing that the plaintiff was clearly better qualified is enough to prove that the defendant’s proffered reason is a pretext. See id. at 723. … We have held that “showing that two candidates are similarly qualified does not establish pretext.” Price, 283 F.3d at 723.

United States v. Cheryl Lea Pope

452 F.3d 338 · Court of Appeals for the Fifth Circuit · Jun 6, 2006

The parties agree that if we reverse the district court and hold that the initial stage of the search does not qualify under the good faith exception to the exclusionary rule, Pope must be acquitted. … Accordingly, the district court clearly erred when it implicitly found that Baird did not deliberately or recklessly mislead the magistrate.

Helaire v. Mobil Oil Co.

709 F.2d 1031 · Court of Appeals for the Fifth Circuit · Jul 22, 1983

Despite these broad areas of immunity, however, there are circumstances where the owner cannot escape liability by reliance upon the stevedore. … Clearly, under these cases Scindia denied liability. In Hill v.

United States v. Joe Clinton Segler

37 F.3d 1131 · Court of Appeals for the Fifth Circuit · Nov 14, 1994

Segler’s status as a federal prisoner brings him clearly within the class of petitioners described in § 2255. … Ill For the foregoing reasons, we AFFIRM. 1 . 21 U.S.C. § 812 establishes "five schedules of controlled substances, to be known as schedules I, II, III, IV, and V.” 21 U.S.C. § 812 (a).

In the Matter Of: John Davis Orr, Debtor. Internal Revenue Service v. John Davis Orr

180 F.3d 656 · Court of Appeals for the Fifth Circuit · Jul 12, 1999

In the context of a bankruptcy proceeding, this grant of summary judgment qualified as a “final order” reviewable by the district court. … It does not make sense to permit the spendthrift trust to be a vehicle for tax immunity.

The Board of Public Instruction of Duval County, Florida v. Daly Braxton and Sharon Braxton, Minors, Etc.

402 F.2d 900 · Court of Appeals for the Fifth Circuit · Aug 29, 1968

Jefferson County Board of, Education 1 this Court, sitting en banc, gave a qualified approval to so-called “freedom of choice” plans for desegregating public schools. … This Court has held that the Guidelines “establish minimum *906 standards clearly applicable to disestablishing state-sanctioned segregation”. Jefferson II, 380 F.2d at 390.

Marine Shale Processors, Inc. v. United States Environmental Protection Agency

81 F.3d 1371 · Court of Appeals for the Fifth Circuit · Apr 18, 1996

The EAB stated that MSP did not produce “commercial-grade aggregate” from its system and thus that its facility could not qualify as an aggregate kiln. … . § 260.10 governs whether a facility definitionally qualifies as a BIF. Once a facility has definitionally qualified as a BIF, 40 C.F.R. pt. 266 subpt.

Harrison v. Lilly

Court of Appeals for the Fifth Circuit · Mar 25, 2021

In the alternative, Defendants argued that they were entitled to qualified immunity for their actions in terminating Harrison. … Without reaching the qualified immunity issue, the district court granted Defendants’ motion, concluding that Harrison failed to state a First Amendment cause of action.

Henry v. Cisco Systems, Inc.

106 F. App'x 235 · Court of Appeals for the Fifth Circuit · Jul 23, 2004

By way of illustration, so-called ‘rules of the road’ establish or pertain to ‘standards of conduct and safety’, whereas rules that impose a ceiling on the amount of compensatory damages or provide immunity from suit are … App. 1996) (holding that “whether defendants are immune from tort liability, is an issue of loss distribution and financial protection.”).

Feds for Medical Freedom v. Biden

30 F.4th 503 · Court of Appeals for the Fifth Circuit · Apr 7, 2022

Executive Order 14043 qualifies as a significant change to the circumstances attending the job performance of federal employees. … enactment, review of personnel actions was “haphazard”, “lengthy”, and “outdated” to the point that “managers [in the civil service] often avoid[ed] taking disciplinary action against employees even when it was clearly

Paper, Allied-Industrial, Chemical & Energy Workers International Union Local No. 4-2001 v. ExxonMobil Refining & Supply Co.

449 F.3d 616 · Court of Appeals for the Fifth Circuit · May 10, 2006

Rather, the solved by the court, not the arbitrator, and refused Court fashioned a standard that permits only one to reach the standard the court should apply with kind of evidence (i.e., evidence establishing … Salinas (i.e., reinstatement to so clearly refutes an intent to arbitrate represen- her job and restoration of all benefits) would of tation questions. necessity “affect [her] eligibility . . .

United States v. J. H. Morris

252 F.2d 643 · Court of Appeals for the Fifth Circuit · Feb 25, 1958

It is not decisive and must give way to the purpose otherwise so clearly revealed. United States v. American Trucking Association, Inc., 310 U.S. 534 , 60 S.Ct. 1059 , 84 L.Ed. 1345 ; Florida Citrus Exchange v. … “No workers recruited under this sub-chapter shall be available for employment in any area unless the Secretary of Labor has determined and certified that (1) sufficient domestic workers who are able, willing, and qualified

Jesse E. Hall, Sr., and Rhoda O. Hall v. Commissioner of Internal Revenue

294 F.2d 82 · Court of Appeals for the Fifth Circuit · Jul 19, 1961

All three established that only in this way could Berry's prerequisite of proprietary interest be satisfied. … The record shows that during 1948 an accountant undertaking to establish a more adequate set of records went from Texas to Venezuela. He departed suddenly with the onset of a revolution.

Owensby & Kritikos, Inc. v. Commissioner

819 F.2d 1315 · Court of Appeals for the Fifth Circuit · Jun 26, 1987

The taxpayers contend that because the Tax Court found the taxpayers' experts highly qualified and experienced it was required to accept their testimony in toto. … We conclude that the Tax Court’s decision is not clearly erroneous.

Burleson v. TDCJ

Court of Appeals for the Fifth Circuit · Nov 14, 2001

immunity defense, which the district court did not address.10 Applying our qualified immunity analysis, we note first that Burleson alleged a violation of a clearly established constitutional … Accordingly, summary judgment is not appropriate on the subject of qualified immunity. 13 See Domino v. Tex. Dep’t. of Crim.

Mrs. Frances E. Quindlen v. The Prudential Insurance Company of America

482 F.2d 876 · Court of Appeals for the Fifth Circuit · Aug 13, 1973

On August 26, 1967, he completed a physical examination, paid the first annual premium, and was issued a “Prepayment Receipt,” the effect of which was to establish temporary or interim insurance coverage on his life. … Subsection “A” requires notice of cancellation and Subsection “E” clearly excepts contracts of life or health and accident insurance which do not contain a provision for cancellation prior to the date to which premiums have

Mortgage Guaranty Insurance Corporation v. The Richard Carlyon Company, Thomas E. Longer and Cyndi Longer

904 F.2d 298 · Court of Appeals for the Fifth Circuit · Jun 28, 1990

The Longers contend that MGIC’s motion to withdraw its motion to dismiss does not qualify for treatment as a Rule 59(e) motion, because it could not have sought to alter or amend a judgment which the district court had not … Lacking this critical prerequisite, MGIC’s argument does not establish appellate jurisdiction, and we therefore DISMISS the appeal. 1 .