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565 F.2d 895 · Court of Appeals for the Fifth Circuit · Mar 23, 1978
plaintiffs in the above captioned action or either of them, or any member of the class which they represent, as such class is defined in the court's memorandum of opinion this day released in said action. 5 This paragraph clearly … Here the named plaintiffs and each member of the class were qualified on the precise requirement which they seek to set aside. 14 Plaintiffs also attempt to establish standing by noting that during at least 80 of the 90 days
Cited 1 timesPublishedCourt of Appeals for the Fifth Circuit · Jul 17, 2025
Those remarks were: • “Clearly, the U.S. marshals know when they are looking for a fugitive, who they are looking for. It’s their job.” ROA.737. • “They clearly know what Malik Fernandez looks like. … Clearly, the Sentencing Commission intended to limit the application of the cross-reference to situations in which the conduct set forth solely in the count of conviction establishes another offense
Cited 0 timesPublished57 F.4th 524 · Court of Appeals for the Fifth Circuit · Jan 18, 2023
In our court, however, the Government now predominantly asserts a position qualifying that the Terry stop may have occurred at some point earlier than the pat-down: when the Officer arrived with emergency lights … Accordingly, when the Officer quickly pulled up behind Wright’s vehicle, with emergency lights engaged, she was showing a sign of authority clearly communicating to Wright he was not free to leave.
Cited 17 timesPublishedOaks of Mid City Resident Council v. Sebelius
723 F.3d 581 · Court of Appeals for the Fifth Circuit · Jul 17, 2013
Medicare reimburses qualified nursing facilities for certain services that they provide to their patients. … We review the district court’s contempt order for an abuse of discretion, respecting the district court’s factual findings unless they are clearly erroneous.11 The scope of a preliminary injunction, however, “is a question
Cited 4 timesPublishedUnited States v. Board of Education of City of Bessemer
396 F.2d 44 · Court of Appeals for the Fifth Circuit · Jun 3, 1968
This shall be stated in terms that clearly define the Boards’ responsibilities. This leaves the problem of the ultimate “C day.” … The defendants shall establish as an objective that the pattern of teacher assignment to any particular school not be identifiable as tailored for a heavy concentration of either Negro or white pupils in the school.
Cited 17 timesPublished595 F.2d 1086 · Court of Appeals for the Fifth Circuit · May 24, 1979
In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … Modesitt: I clearly stated and I will clearly state it again that no one, when they were being enticed in this thing, indicated, hey, look, I don’t want to participate. I’m a lawabiding citizen.
Cited 47 timesPublishedA. Boe, by His Next Friend, B. Boe v. Linus Wright
648 F.2d 432 · Court of Appeals for the Fifth Circuit · Jun 5, 1981
Texas’ interest in educating the electorate is clearly frustrated in this case. … DISD is already short of bilingual teachers and faces a problem of recruiting qualified bilingual teachers.
Cited 1 timesPublishedCourt of Appeals for the Fifth Circuit · Sep 30, 1992
And any retaliation for Wilson's speech on a matter of such prominent public concern as workplace sexual harassment represents a violation of a clearly established right, so under Harlow v. … Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), these defendants are not entitled to qualified immunity.
Cited 0 timesPublishedUnited 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.
Cited 62 timesPublished673 F.2d 742 · Court of Appeals for the Fifth Circuit · Apr 9, 1982
An appellate court must accept a trial court’s findings of subsidiary facts unless clearly erroneous; however, the court’s ultimate finding on the issue of discrimination is subject to review free of the clearly erroneous … Thus our review of the court’s findings of fact is not bound by the clearly erroneous standard of Fed.R.Civ.P. 52(a).
Cited 32 timesPublished678 F.2d 1234 · Court of Appeals for the Fifth Circuit · Jun 21, 1982
Christopher was acquainted with qualified pilots and was asked to attend the meeting by Bill Caldwell in order to help the group procure a pilot for the contemplated mission. … Christopher was a key government witness who testified extensively, in return for a grant of immunity, concerning the various roles performed by different conspirators.
Cited 109 timesPublishedBemont Investments, L.L.C. Ex Rel. Tax Matters Partner v. United States
679 F.3d 339 · Court of Appeals for the Fifth Circuit · Apr 26, 2012
At trial, the Partnerships’ tax expert concluded that the opinion complied with standards established by Treasury Circular 230, which addresses conduct of practitioners who provide tax opinions. … Overall, the district court found that the Partnerships proved by a preponderance of the evidence that they relied in good faith on the advice of qualified accountants and tax lawyers. Id.
Abrogated on other grounds by United States v. Woods, 134 S. Ct. 557 (2013)Cited 26 timesPublished100 F.3d 413 · Court of Appeals for the Fifth Circuit · Nov 15, 1996
14 It is not disputed that the main purpose of the federal law, as clearly demonstrated by its text and legislative history, is to establish the federal election day to restrict the states' original powers to conduct Congressional … Id. at 17 3 "The [appellants] do not dispute that where only one candidate 'qualifies' for U.S. Representative or U.S.
Cited 0 timesPublished92 F.3d 341 · Court of Appeals for the Fifth Circuit · Aug 23, 1996
This same paragraph, along with the correspondence between Eggleston, Wyshak and Reliance, clearly demonstrates that Wyshak knew that TCL was relying on that information. … If obtaining funds secured by a pledge of securities qualifies as a purchase, certainly obtaining funds secured by a pledge of a GNMA or an interest in a GNMA also qualifies. 49 As with Wyshak's argument that the notes were
Cited 0 timesPublished557 F.3d 219 · Court of Appeals for the Fifth Circuit · Jan 30, 2009
Even had the district court decided to include the allegedly altered certificates in its loss calculation, it would not have clearly erred. … “To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” Id. § 3B1.1 n.2.
Cited 73 timesPublished573 F.2d 292 · Court of Appeals for the Fifth Circuit · Jul 28, 1978
Thus, we need not consider whether antitrust immunity exists because of state action. 10 *300 Moreover, Otter Tail Power Co. v. … On the applicability of the state action *300 immunity doctrine, see Bates v. State Bar of Arizona, 1977, 433 U.S. 350 , 97 S.Ct. 2691 , 53 L.Ed.2d 810 ; Cantor v.
Cited 32 timesPublishedRuben Benitez v. Jeffrey Atkins
Court of Appeals for the Fifth Circuit · Aug 30, 2019
At some point in this flurry of filing, Atkins also filed a motion to dismiss, arguing, among other things, that he was entitled to qualified immunity on Benitez’s claims. … Finally, Atkins raises a colorable defense of qualified immunity, which this court has previously afforded to a clerk of a federal court in a damages suit such as this. See Williams v.
Cited 0 timesUnpublished519 F.3d 532 · Court of Appeals for the Fifth Circuit · Mar 11, 2008
It allows the Attorney General, in his discretion, to waive certain enumerated criminal grounds for inadmissibility for qualifying aliens. 8 U.S.C. § 1182 (h). … Of course, we recognize the well-established maxim that statutes should be construed to avoid an absurd result.
Cited 125 timesPublishedCourt 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
Cited 0 timesUnpublished456 F.2d 1303 · Court of Appeals for the Fifth Circuit · Mar 8, 1972
These wise safeguards were never intended to give the murderer or the robber or the rapist immunity from the consequences of his crime. … It is a fact that only a small percentage of prisoners are so hardened, so incorrigible, so determined to establish their own immunity to prison rules and regulations that they insist on going to solitary to prove their point
Cited 0 timesPublished
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