Case law

Jaco v. Garland

Court of Appeals for the Fifth Circuit · Jan 26, 2022

Jaco argues that she qualifies for membership in a “particular social group.” … Because A-R-C-G- is not clearly on point and did not overrule prior case law, we must read it in light of prior BIA decisions, including M-E-V-G-. Cf.

Dallas Gas Partners, L.P. v. Prospect Energy Corp.

733 F.3d 148 · Court of Appeals for the Fifth Circuit · Oct 7, 2013

In particular, at oral argument DGP counsel urged the court not to allow Prospect to prevail against individual defendants without undergoing the established steps for piercing DGP’s corporate veil. … They argued only that they either were not bound by the release or that their involvement in the lawsuits did not qualify as a breach.

United States v. Jack Moody Stricklin, Jr.

591 F.2d 1112 · Court of Appeals for the Fifth Circuit · Mar 23, 1979

We agree, for similar reasons, that the burden of establishing that the indictments charge separate crimes is most equitably placed on the government when a defendant has made a nonfrivolous showing that an indictment charges … The impracticality of placing the burden of persuasion on the defendant in this situation is obvious in light of his lack of access to the proof on which the government proposes to rely and his inability to offer immunity

United States Ex Rel. Longhi v. United States

575 F.3d 458 · Court of Appeals for the Fifth Circuit · Jul 15, 2009

FACTUAL AND PROCEDURAL BACKGROUND In 1982, Congress established the Small Business Innovation Research (“SBIR”) program. … “Under the abuse of discretion standard, a district court’s decision to award attorneys’ fees will not be disturbed unless the award is based on (1) an erroneous view of the law or (2) a clearly erroneous assessment of the

League of United Latin American Citizens, Council No. 4434, and Jessie Oliver, Intervening v. William P. Clements, Etc., Jim Mattox v. Judge F. Harold Entz, Etc., Judge Sharolyn Wood, Etc., and George S. Bayoud, Jr., Etc., and Tom Rickhoff, Susan D. Reed, John J. Specia, Jr., Sid L. Harle, Sharon MacRae and Michael P. Pedan, Bexar County, Texas State District Judges

986 F.2d 728 · Court of Appeals for the Fifth Circuit · Feb 11, 1993

Id. 10 Congress did not, however, clearly establish a reference point for measuring the success of minority candidates. … Because this finding is supported by the record, we conclude that it is not clearly erroneous. 44 To establish the second and third Gingles factors, the Plaintiffs offered the testimony of Dr.

Southwestern Bell Telephone Co. v. City of El Paso

346 F.3d 541 · Court of Appeals for the Fifth Circuit · Sep 19, 2003

II. 2 EPCWID sought dismissal of SWBT’s claims on the ground that, as an arm of the State, it was entitled to Eleventh Amendment immunity. The district court denied the motion to dismiss, and we affirmed. … To qualify as a prevailing party, “the plaintiff must (1) obtain actual relief, such as an enforceable judgment or a consent decree; (2) that materially alters the legal relationship between the parties; and (3) modifies

Cascino v. Nelson

Court of Appeals for the Fifth Circuit · Sep 6, 2023

[that] [P]laintiffs have standing to bring this claim and that it is not barred by the Secretary’s sovereign immunity.” … Plaintiffs point to no evidence that strikes us as a clearly erroneous application of law.

Rodger Nelson Smith, Jr. v. Louisville Ladder Corp.

237 F.3d 515 · Court of Appeals for the Fifth Circuit · Jan 11, 2001

In this Circuit, it is equally well established “that in diversity cases federal courts apply a federal rather than a state test for the sufficiency of evidence to create a jury question.” … And the majority discredits the evidence that clearly shows that Mr.

Thomas Perez, Secretary v. Herbert Bruister

823 F.3d 250 · Court of Appeals for the Fifth Circuit · May 3, 2016

The Defendants did not carry their burden to qualify for the ERISA § 408(e) adequate consideration affirmative defense, hence the transactions between the ESOP and BFLLC were prohibited by ERISA § 406(a)(1)(A). … Its thoughtful approach to a complex question was founded in established valuation methodology. 23 C.

Reliance National Insurance v. Estate of Tomlinson

171 F.3d 1033 · Court of Appeals for the Fifth Circuit · Apr 20, 1999

Provision 1 of the Special Airport Provisions extends the coverage of “Persons Insured” to include “any airport manager of the named insured.” 8 The policy defined “insured” as “any person or organization qualifying as … The owned aircraft provision, however, clearly excludes from coverage the injuries of which appellants complain. Mississippi law requires us to give effect to that unambiguous exclusion.

Jones v. Singing River Health Services Foundation

865 F.3d 285 · Court of Appeals for the Fifth Circuit · Jul 27, 2017

The district court explained that the class counsel were experienced in complex litigation and qualified to represent the interests of the proposed class. … . § 11–46–3 grants immunity to the state and its political subdivisions for breach of implied term or condition of any warranty or contract.”)

Terry Tyler v. La-Z-Boy Corporation

506 F. App'x 265 · Court of Appeals for the Fifth Circuit · Jan 7, 2013

A party that establishes a prima facie case “raises an inference of unlawful discrimination.” Nichols, 81 F.3d at 41. … Instruments Inc., 100 F.3d 1173, 1181 (5th Cir. 1996), and there is no evidence that La-Z-Boy intentionally laid off Tyler “in favor of younger, clearly less qualified individuals.” Id.

Planned Parenthood v. Sanchez

403 F.3d 324 · Court of Appeals for the Fifth Circuit · Mar 30, 2005

The Secretary’s comments are clearly premised on the notion that abortion providers will receive funding. … Mead Corp., 533 U.S. 218, 226-27 (2001) (“[A]dministrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority to the agency generally to make

D&G Holdings v. Becerra

22 F.4th 470 · Court of Appeals for the Fifth Circuit · Jan 3, 2022

A Qualified Independent Contractor, another private contractor, conducts the “independent” reconsideration. … Any reopening must conform with the “guidelines established by the Secretary in regulations.” 42 U.S.C. § 1395ff(b)(1)(G).

Calvin Rhodes v. Guiberson Oil Tools

75 F.3d 989 · Court of Appeals for the Fifth Circuit · Jan 31, 1996

To establish a prima facie ease of age discrimination, the plaintiff “must demonstrate that: (1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class at the time of the discharge … Under the Supreme Court’s McDonnell Douglas-Burdine framework, the plaintiff first must establish a prima facie ease by a preponderance of the evidence; once established, the prima facie case raises an inference of unlawful

Calderon v. Presidio Valley Farmers Ass'n

863 F.2d 384 · Court of Appeals for the Fifth Circuit · Jan 20, 1989

PVFA contends that the expert was not qualified to testify about printouts based on inadmissible evidence. … The district court’s disposition of this issue is protected by the clearly erroneous standard.

4 Fair empl.prac.cas. 1269, 4 Fair empl.prac.cas. 741, 4 Empl. Prac. Dec. P 7775 Brisco Huff, on Behalf of Himself and Others Similarly Situated v. N. D. Cass Company of Alabama

468 F.2d 172 · Court of Appeals for the Fifth Circuit · Jul 18, 1972

Inferences are built only on established facts. Such an inference could only be built on testimony showing that the company, through its officials, was aware of this campaign and of Huff's activities on its behalf. … made clear that, 46 In this regard the standard to be applied is not whether appellant will prevail, but is as stated by Judge Medina: 47 An essential concomitant of adequate representation is that the party's attorney be qualified

Daviston v. LA St Bd of Nursing

Court of Appeals for the Fifth Circuit · Jun 22, 1999

We reverse the court’s ruling on qualified immunity. We hold that the board members are entitled to qualified immunity and reverse for entry of judgment. … To succeed in making out a violation of 42 U.S.C. § 1983, Daviston must demonstrate that the board members’ conduct (1) violates a clearly established constitutional or statutory right and (2) is objectively unreasonable

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Osceola Farms Company

372 F.2d 584 · Court of Appeals for the Fifth Circuit · Jan 27, 1967

The function of these workers, and their feeding, clearly fall on the non-industry side of the line. … The handling (etc.) must be “for market”; this requirement qualifies each of the activities preceding it in the statute.

Villas at Parkside Partners v. City of Farmers Branch

726 F.3d 524 · Court of Appeals for the Fifth Circuit · Jul 23, 2013

Preliminarily, I question whether this ordinance qualifies to be called an exercise of police power, because it cannot be said “to promote the safety, peace, public health, convenience and good order of its people.” 3 City … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.”); Hines, 312 U.S. at 64 , 61 S.Ct. at 402 ; Chy Lung v.