Case law

Hart v. Hairston

227 F. App'x 390 · Court of Appeals for the Fifth Circuit · May 10, 2007

Concerning the jury’s finding Hairston entitled to qualified immunity, Hart asserts: the district court erred by instructing the jury on qualified immunity; and Hairston was collaterally estopped from raising such immunity … These contentions are unavailing because our prior opinion for this action did not render a final judgment on the qualified-immunity issue. See Hart v.

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.

Ncnb Texas National Bank v. Candice Beth Cowden and Billi Terresa Cowden

895 F.2d 1488 · Court of Appeals for the Fifth Circuit · Feb 26, 1990

The Supreme Court has clearly established that state law is pre-empted to the extent it conflicts with federal law. See *1495 California Fed. Sav. & Loan Ass’n v. … At the time the transfers that provoked this litigation took place, the statute provided in part: (1) Establishment.

Barrios v. Louisiana Construction Materials Co.

465 F.2d 1157 · Court of Appeals for the Fifth Circuit · Aug 1, 1972

Where the plaintiff has established these traditional elements of a Jones Act recovery, it would be a strained and artificial construction of the Act to impose any additional requirement that the defendant have operational … It is our view that this factual determination was not clearly erroneous.

29 Fed. R. Evid. Serv. 545, prod.liab.rep.(cch)p 12,331 Cindy Myers, Individually and as Natural Tutrix of Her Minor Daughter, Danette L. Myers v. Pennzoil Company Commercial Shearing, Inc. And the Continental Insurance Company

889 F.2d 1457 · Court of Appeals for the Fifth Circuit · Jan 22, 1990

The record establishes that satisfactory evidence was presented to support a finding of strict liability on the defendant manufacturer. … Plainly, the employer is immune from tort liability. See Weber v. Caterpillar Machinery Corp., 542 So.2d 544 (La.App. 5th Cir.1989); Snyder v. Taylor, 523 So.2d 1348, 1355 (La.App.2d Cir.1988); Senez v.

Raymond Fobbs v. Daniel Davis

515 F. App'x 330 · Court of Appeals for the Fifth Circuit · Mar 4, 2013

Based upon this paragraph, his grievance was denied as an improper grievance of “disciplinary matters.” 2 Defendants have since filed a motion for summary judgment asserting qualified immunity. … Streekstra, 227 F.3d 759, 762 (7th Cir. 2000) (rejecting the argument that “§1997e(a) [establishes] a right not simply to prevail but also to be free from litigation.”)

Smith & Wiggins Gin, Inc. v. Commissioner of Internal Revenue

341 F.2d 341 · Court of Appeals for the Fifth Circuit · Mar 12, 1965

These tests are clearly stated by the Court of Appeals for the 8th Circuit in Pomeroy Cooperative Grain Co. v. … This case is clearly distinguishable from the case at hand.

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

Wilson v. Immigration & Naturalization Service

43 F.3d 211 · Court of Appeals for the Fifth Circuit · Feb 1, 1995

Wilson's conviction did not fall under the thirty gram exception. 2 conviction did not qualify as a conviction for immigration purposes. … An agency is not required to establish rules of conduct to last forever, but rather must be given ample latitude to adapt [its] rules and policies to the demands of changing circumstances.

G. C. Nunn, Receiver, Horace Smith, Fred Nemerovski and Harry Ballis v. Robert L. Feltinton

294 F.2d 450 · Court of Appeals for the Fifth Circuit · Dec 12, 1961

depositors and creditors of such bank and which remained vested in such bank at the time of its dissolution, in and to the following described real estate situated in Pecos County, Texas, to-wit: * ■£ -X- “ * * * and that after qualifying … That holding was clearly based upon the extent of the authority of the particular receiver under the law and the decree of the court providing for his appointment.

United States v. Eladio Alvarez-Mena

765 F.2d 1259 · Court of Appeals for the Fifth Circuit · Jul 8, 1985

vessel on the high seas have no basis on which to assert any claim to the jurisdictional exemptions of international law that are unavailable to the vessel upon which they sail, however, appellant has no valid claim to immunity … It is clearly established that international law requires no citizenship (or nexus) requirement in order for a nation to extend the reach of its criminal laws to conduct on vessels of its own flag. See United States v.

United States v. McCall

553 F.3d 821 · Court of Appeals for the Fifth Circuit · Dec 19, 2008

His defense was clearly laid out to the jury in his opening statement. … McCall has pointed us to nothing that would so qualify. III.

Positive Software Solutions, Inc. v. New Century Mortgage Corporation

436 F.3d 495 · Court of Appeals for the Fifth Circuit · Jan 11, 2006

The evident partiality is demonstrated from the nondisclosure, regardless of whether actual bias is established. 26 Such a demanding disclosure rule ensures that the parties will be privy to a potential arbitrator's biases … We are unpersuaded and decline to apply the clearly erroneous standard of review to the application of the law to the facts.

Johnson v. Earthgrains Baking

Court of Appeals for the Fifth Circuit · Dec 2, 1999

Clearly, Johnson was a member of the protected class (female), was adversely affected by her employer’s decision to eliminate her position in the course of a RIF, and was qualified for the alternative position that … Stated differently, unless the employee or job candidate is clearly better qualified, i.e., unless differences in qualification are so obvious that no impartial arbiter “could have chosen the candidate selected over the

Congress of Racial Equality v. Douglas

318 F.2d 95 · Court of Appeals for the Fifth Circuit · May 15, 1963

It is a well established principle of law that the trial court who is present where the trouble arises, who sees and hears the witnesses, and who can sense “the feel” of the situation is far better qualified to decide such … Findings of fact by the trial court are presumed to be correct and will not be set aside unless clearly erroneous.

Banda v. City of McAllen, TX

Court of Appeals for the Fifth Circuit · Nov 4, 2025

The Schell and Brown defendants’ lengthy, defensive actions are clearly distinguishable from the City’s request for a state court finding that it was immune to a claim that had since been removed from Banda’s petition. … This argument is clearly refuted by the record.

Woodfox v. Foti

Court of Appeals for the Fifth Circuit · Jul 1, 2010

. § 2254(d)(1) restricts the source of clearly established law to this Court’s jurisprudence.”); Moore v. … “[I]t is not an unreasonable application of clearly established of our sister circuits, even if compelling and well-reasoned, cannot satisfy the clearly established federal law requirement under § 2254(d)(1).”).

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.

Harry Holmes v. J. Ray McDermott & Company, Inc.

734 F.2d 1110 · Court of Appeals for the Fifth Circuit · Jun 25, 1984

Vogel’s uncontradicted testimony established that as of September 17, 1978, he diagnosed Holmes as having reached maximum medical recovery. Thus, an award of maintenance and cure beyond that date was clearly in error. … This case is clearly distinguishable from Harrell v. Dixon Bay Transp. Co., 718 F.2d 123 (5th Cir.1983).

Transco Leasing Corp. v. United States

896 F.2d 1435 · Court of Appeals for the Fifth Circuit · Mar 26, 1990

Taylor conceded, however, that the fact that a collision occurs is not evidence that establishes a failure to scan properly. … The district court therefore clearly erred in awarding Mrs.