Case law

Irby J. Robertson, Sr. v. Douglas Steamship Company

510 F.2d 829 · Court of Appeals for the Fifth Circuit · Jun 17, 1975

There is always some degree of uncertainty when a litigant seeks to establish causation by expert testimony. … If a qualified witness gives it as his opinion that the causal relation did exist or probably did exist, there is not much question about the legal sufficiency of the testimony.

National Ropes, Inc. v. National Diving Service, Inc.

513 F.2d 53 · Court of Appeals for the Fifth Circuit · May 16, 1975

In order to sustain the Bank’s position, we would be required to find either that the words, “all property of the undersigned of every name and nature whatsoever,” are not modified or qualified by the further description, … These provisions, particularly paragraph three which clearly applies only to property or assets in the Bank’s possession, are superfluous if paragraph two operates to convey a security interest in all of the assets then owned

Brinkley v. Chase Manhattan Mortgage & Realty Trust

622 F.2d 872 · Court of Appeals for the Fifth Circuit · Aug 1, 1980

Trade creditors with unsecured claims did receive better treatment than insiders with unsecured claims, but that fact alone does not establish arbitrary or discriminatory classification. … Was the Bankruptcy Court’s Evaluation of the Debtor’s Hotel Clearly Erroneous?

Johnson v. Sawyer

47 F.3d 716 · Court of Appeals for the Fifth Circuit · Mar 16, 1995

Plainly, the FTCA waiver of sovereign immunity does not go so far. … In this respect, the district court clearly erred. Johnson's section 7201 conviction has never been challenged, much less set aside or modified.

Donald Price and Melvin E. Price, Minors v. The Denison Independent School District

694 F.2d 334 · Court of Appeals for the Fifth Circuit · May 1, 1983

Mechanical or “inflexible” use of general statistical ratios is clearly discouraged. … Thus, the opinion states: “Clearly, the racial composition at Terrell Elementary is vastly disproportionate to the district-wide average.

Simi Investment Company Inc v. Harris County Texas

236 F.3d 240 · Court of Appeals for the Fifth Circuit · Dec 21, 2000

State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other per *246 son within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … While the latter purpose is clearly illegitimate (benefitting purely private interests), the former could offer the requisite "rational” justification for impeding access.

Carolyn Harris Thibodaux, Individually and as Administratrix of the Estate of the Minor Children, Etc. v. Atlantic Richfield Company

580 F.2d 841 · Court of Appeals for the Fifth Circuit · Sep 22, 1978

Therefore, Blundo’s activity at the time of injury qualified him for LHWCA benefits. … The record overwhelmingly establishes that the occupation of the deceased was that of an oilfield construction and maintenance man.

Odom Construction Co. v. United States Department of Labor

622 F.2d 110 · Court of Appeals for the Fifth Circuit · Jul 21, 1980

(The individual independent contractors presumably would not qualify as customary users.) This gap in coverage would be especially large if the limiting language *115 applies to all shore-side sites. … Although the Act does not define a claimant’s burden for establishing the existence *116 of a disability, most courts have held that a claimant has made out a prima facie case once he has shown that he can no longer perform

United States v. Kenneth L. Musgrave and Jack Bryant

444 F.2d 755 · Court of Appeals for the Fifth Circuit · Jul 26, 1971

The other circumstances relied upon by the Government to establish Bryant’s intent give us little pause. … This instruction, however, was clearly insufficient, since it merely explained a theory of defense and was not a charge on the elements of intent to defraud the Association.

Manuel v. PAW Drilling & Well

Court of Appeals for the Fifth Circuit · Mar 9, 1998

The summary judgment evidence established that the workover rig had been bolted to this particular barge for more than two years. … In sum, the summary judgment evidence clearly reveals both “the purpose for which the craft [was] constructed and the business in which it [was] engaged.”

Gillaspy v. Dallas Independent School District

278 F. App'x 307 · Court of Appeals for the Fifth Circuit · May 28, 2008

Gillaspy also offers evidence that she was “clearly better qualified” for the ACS positions than the men hired. … The district court held that in order for Gillaspy to demonstrate she was “clearly better qualified,” the disparities between her qualifications and those of the men hired “must virtually jump of the page and slap [the court

Charles Freeman and Rosalyn Brown, Plaintiffs-Appellees-Cross-Appellants v. City of Dallas, Defendant-Appellant-Cross-Appellee

242 F.3d 642 · Court of Appeals for the Fifth Circuit · Feb 22, 2001

Circuit Judges, join in Part I only, dissenting: The en banc majority reaches the conclusion that, while binding Supreme Court precedent interpreting the Fourth Amend-merit’s proscription of unreasonable searches would clearly … On remand, in light of the Supreme Court's decision, the district court concluded that the defendants were not entitled to qualified immunity.

Dresser v. Ingolia

307 F. App'x 834 · Court of Appeals for the Fifth Circuit · Jan 21, 2009

but Chief ALJ Ingolia was not; (7) the defendant staff members and clerks were entitled to quasi-judicial immunity; and (8) all defendants except Chief ALJ Ingolia were protected from suit by qualified immunity. … Finally, the district court denied in part defendants’ Motion for Reconsideration on the grounds that Chief ALJ Ingolia was not entitled to qualified immunity.

Marvin Waddleton, III v. Norris Jackson

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Waddleton’s disagreement with the necessity of or the reasonableness of the searches involved here is insufficient to establish a genuine issue of fact regarding the reasonableness of the searches. … Because there was no constitutional violation, the defendants were entitled to qualified immunity from Waddleton’s claims against them in their individual capacities. See Pearson v.

Cunningham Ex Rel. Cunningham v. City of West Point Mississippi

380 F. App'x 419 · Court of Appeals for the Fifth Circuit · Jun 7, 2010

Mississippi Tort Claims Act The MTCA provides a qualified waiver of sovereign immunity under Mississippi law for certain tortious acts by municipal employees. … It does not waive sovereign immunity, however, for any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating

78 Fair empl.prac.cas. (Bna) 1006, 74 Empl. Prac. Dec. P 45,708 Kordice M. Douglas, Plaintiff-Appellee-Cross-Appellant v. Dyn McDermott Petroleum Operations Company John Poindexter, Defendants-Appellants-Cross-Appellees

163 F.3d 223 · Court of Appeals for the Fifth Circuit · Dec 16, 1998

The plaintiff first must establish, by a preponderance of the evidence, a "prima facie" case of discrimination. … Thus, the requirement that the employer produce evidence clearly setting forth its reasons for the challenged employment action gives the plaintiff a "full and fair" rebuttal opportunity.

United States v. Byron Moore

711 F. App'x 757 · Court of Appeals for the Fifth Circuit · Oct 24, 2017

Because Moore preserved this issue for appeal, we will uphold the jury’s verdict only if a reasonable trier of fact could conclude beyond a reasonable doubt that the evidence established that Moore was previously … it concluded that his 2009 and 2011 aggravated assault convictions qualify as violent felonies under § 924(e) and § 4B1.4.

United States v. Curry

Court of Appeals for the Fifth Circuit · Jan 13, 2025

Regardless of the district court’s reliance on the PSR or other materials, the district court clearly erred by not submitting the separate-occasions inquiry to a jury. … Given Erlinger, the motions panel’s reasoning is undoubtedly no longer valid; the district court clearly erred by failing to submit the separate-occasions question to a jury.

Nunley v. Mills

217 F. App'x 322 · Court of Appeals for the Fifth Circuit · Feb 7, 2007

Government officials acting within their discretionary authority are immune from civil liability for damages if their conduct does not violate clearly established constitutional rights of which a reasonable person would … Finally, Nunley does not challenge the dismissal of the University of Texas Medical Branch on the basis of Eleventh Amendment immunity. Accordingly, he has abandoned that issue. See Yohey v.

Cheryl J. Hopwood v. State of Texas v. Thurgood Marshall Legal Society and Black Pre-Law Association, Movants-Appellants. Douglas Carvell v. State of Texas v. Thurgood Marshall Legal Society and Black Pre-Law Association, Movants-Appellants. Cheryl J. Hopwood, Cheryl J. Hopwood v. State of Texas, Douglas Carvell, Douglas Carvell v. State of Texas

84 F.3d 720 · Court of Appeals for the Fifth Circuit · Apr 4, 1996

This "injunction" is wholly unnecessary to the disposition of the matter appealed and thus is clearly dictum; yet dictum that is a frontal assault on contrary Supreme Court precedent and thus not the kind of dictum we can … Rather than following this universally recognized canon, adhering to our established rules, and applying Supreme Court precedent, the panel charted a path into terra incognita.