Case law

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. John

597 F.3d 263 · Court of Appeals for the Fifth Circuit · Feb 10, 2010

The First Circuit has held that an employment agreement can establish the parameters of “authorized” access. In EF Cultural Travel BV v. … John has not demonstrated that the district court clearly erred.

Aclese v. Carona

Court of Appeals for the Fifth Circuit · Dec 15, 2000

No genuine issue of material remained with respect to the district court’s granting of summary judgment on the basis of qualified immunity. Kipps v. … Aclese failed to show that his arrest pursuant to a facially valid arrest warrant violated his clearly established rights. See Vance v. Nunnery, 137 F.3d 270, 276 n.3 (5th Cir. 1998).

Ronald Clark O'Bryan v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

714 F.2d 365 · Court of Appeals for the Fifth Circuit · Aug 30, 1983

It is clear to me that this juror is qualified under Witherspoon . … The statutory language of § 2254(d) — that the petitioner must establish that “the factual determinations are not fairly supported by the record” — has been held to be “the same as the ‘clearly erroneous’ standard employed

United States v. Patrick H. Wright, Jr, and William E. Armstrong

797 F.2d 245 · Court of Appeals for the Fifth Circuit · Aug 18, 1986

The first of the defendants’ arguments on appeal is that the government has failed to establish that the extortion affected interstate commerce. … In the case before us, the district court relied on the testimony of a government witness, Robert Voas, qualified as an expert in the field of alcohol and highway safety. Mr.

Earnest Hammond, Jr. v. Jacobs Field Services

499 F. App'x 377 · Court of Appeals for the Fifth Circuit · Dec 5, 2012

To establish a prima facie case, Hammond must show that he was qualified for his position. McDonnell Douglas, 411 U.S. at 802; Rutherford v. Harris Cnty., Tex., 197 F.3d 173, 184 (5th Cir. 1999). … Louisiana, 351 F.3d 616, 622 (5th Cir. 2003) (“Employers may succeed on summary judgment by establishing that the plaintiff is not qualified for the coveted position.”). B.

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.”)

Fratta v. Quarterman

536 F.3d 485 · Court of Appeals for the Fifth Circuit · Jul 22, 2008

established federal law. … First, the CCA’s use of corroborating evidence—such as phone records and physical evidence—to support the confessions’ trustworthiness was contrary to clearly established federal law.

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.

Anson McFaul v. Daniel Valenzuela

684 F.3d 564 · Court of Appeals for the Fifth Circuit · Jun 18, 2012

The defendants moved for protection from discovery, asserting an intent to raise a defense of qualified 5  Case: 11-10218 Document: 00511889245 Page: 6 Date Filed: 06/ … 18/2012 No. 11-10218 immunity.

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.

United States v. Mancilla

Court of Appeals for the Fifth Circuit · Sep 10, 2025

Under our binding precedent, Mancilla’s drug-trafficking conviction establishes his dangerousness. See id. at 317–18. Accordingly, Section 922(g)(1) is constitutional as applied to Mancilla. … Schnur, 132 F.4th at 870 (explaining that “crime[s] of violence,” such as aggravated battery, justify disarmament); Clark, --- F.4th at ----, 2025 WL 2417117, at *2–3 (concluding that aggravated assault with a firearm was “clearly

Vander Zee v. Reno

Court of Appeals for the Fifth Circuit · Oct 9, 1996

immunity because the interests allegedly infringed were not “clearly established.” … Alternatively, the district court held that the United States Attorneys were entitled to qualified immunity as the interests allegedly infringed were not “clearly established.”

Nancy Koehler v. Aetna Health, Inc.

683 F.3d 182 · Court of Appeals for the Fifth Circuit · Jun 1, 2012

We find that the plan is ambiguous and the need for pre-authorization was not clearly stated in Aetna’s summary description of the plan. … See, e.g., 29 C.F.R. § 2520.102-3 (0(2) (requiring that a plan summary "clearly identify!]

Gresham Park Community Organization, Simon E. Parker, MacY B. Lee and Calvin E. Sims v. Gary Howell D/B/A Southeast Package Number Two

652 F.2d 1227 · Court of Appeals for the Fifth Circuit · Aug 10, 1981

In the case law, however, the line of demarcation between the three concepts has not been clearly drawn. … We leave to a future case the establishment of a line of demarcation between Flagg and Adickes .

PCI Transportation v. Fort Worth We RR Co

Court of Appeals for the Fifth Circuit · Aug 9, 2005

In the context of the collateral order doctrine, we perceive no difference in the distinction between Eleventh Amendment immunity and remand. … preliminary injunction will not disserve the public interest.40 “We have cautioned repeatedly that a preliminary injunction is an extraordinary remedy which should not be granted unless the party seeking it has ‘clearly

United States v. Cristobal Cervantes

706 F.3d 603 · Court of Appeals for the Fifth Circuit · Jan 30, 2013

As explained above, Alvarez clearly knew that the group’s plan involved drugs. … Only now, on appeal, does Alvarez challenge the government’s failure to prove that his bulletproof vest qualified as such.

United States v. Feodor Fedorenko, Etc.

597 F.2d 946 · Court of Appeals for the Fifth Circuit · Jun 28, 1979

That constitution provided that the following persons did not qualify for displaced person status: 1. War criminals, quislings and traitors. 2. … Section 10 of the Act provided that “[t]he burden of proof shall be upon the person who seeks to establish his eligibility under this Act”. 62 Stat. 1013 .

Bryan v. John Bean Division of FMC Corp.

566 F.2d 541 · Court of Appeals for the Fifth Circuit · Jan 20, 1978

Green read you does not establish there was negligence. It does not establish the truth of what that expert says. … As Chief Judge Brown lucidly illustrates in his article Federal Special Verdicts: The Doubt Eliminator, 44 F.R.D. 338 (1968), special verdicts eliminate the opacity of the general verdict and clearly disclose the bases of

Philadelphia Gear Corporation v. Central Bank

717 F.2d 230 · Court of Appeals for the Fifth Circuit · Nov 17, 1983

The credit clearly permits the issuer to refuse payment on drafts accompanied by bills of lading more than 21 days old. See I.C.C. Pub. 290, article 41. … Our review of the record indicates that the court did not clearly focus on this aspect of the case.