Case law

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

United States v. Clayton

Court of Appeals for the Fifth Circuit · Apr 5, 2024

“A finding is clearly erroneous only if the court is left with a definite and firm conviction that a mistake has been committed.” Id. … Many of the same uncontroverted facts that established probable cause to search the home for evidence of drug trafficking also apply to the search of the Mercedes.

Randall G. Dueringer v. General American Life Insurance Company

853 F.2d 283 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

The information before General American thus clearly indicated that Dueringer was not disabled. 7 The company then informed Dueringer in writing that because their investigation showed that he had terminated his insurance … General American’s final denial letter stated that Dueringer did not qualify for extended medical benefits because Dueringer was not "totally disabled.”

Harrington v. Harris

118 F.3d 359 · Court of Appeals for the Fifth Circuit · Jul 22, 1997

Section 1983 provides that any person who, under color of state law, deprives another of "any rights, privileges or immunities secured by the Constitution and laws shall be liable to the party injured … For the purpose of this analysis, we assume, without deciding, that Plaintiffs actually qualified for a merit pay increase in some amount.

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.

Jenkins v. Ball Corporation

140 F. App'x 519 · Court of Appeals for the Fifth Circuit · Jun 28, 2005

In the context of making a showing of pretext, we have noted that an appealing party faces a very high burden to establish that he or she is clearly more qualified than the individual who actually received the desired position … Federal Express Co., 283 F.3d 715, 723 (5th Cir. 2002) (noting that the aggrieved applicant’s “better education, work experience, and longer tenure with the company d[id] not establish that he [was] clearly better qualified

Edwin C. Covington v. Aubrey Cole, Individually and in His Official Capacity as Sheriff of Jaspercounty, Texas

528 F.2d 1365 · Court of Appeals for the Fifth Circuit · Jun 1, 1976

Covington was qualified to practice law, the Magistrate and the district court apparently misapprehended what is meant by “attorney in fact.” Mrs. Covington was purporting to be Mr. … We note that the district attorneys who are defendants here may be officially immune to suit for alleged improper acts, if those acts were alleged to be committed within the scope of their official trial-related duties.

United States v. Bobby Ray McCaskey A/K/A Snake and Lionel Legard A/K/A Max

9 F.3d 368 · Court of Appeals for the Fifth Circuit · Dec 6, 1993

meaning of Application Note 1 to § 2D1.4, Legard submits that § 2D 1.4 and its application notes prohibit the sentencing court from considering an offender’s relevant conduct under § lB1.3(a)(2) unless such conduct also qualifies … Thus, the government’s failure to establish that the FTIR test is sufficiently established to have gained general acceptance in the particular field to which it belongs is not fatal.

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

United States v. Eric McGinnis

956 F.3d 747 · Court of Appeals for the Fifth Circuit · Apr 21, 2020

To sustain a facial challenge, “the challenger must establish that no set of circumstances exists under which the [statute] would be valid.” United States v. Salerno, 481 U.S. 739, 745 (1987). … protective order clearly and without implication prohibit the use, attempted use, or threatened use of physical force.

Dallas Power & Light Co. v. Westinghouse Electric Corp.

855 F.2d 203 · Court of Appeals for the Fifth Circuit · Sep 19, 1988

The summary judgment evidence established that Mr. Hardin could not have had responsibility for the lockplates except where they were removed and available for inspection. … Thus, the provision clearly anticipates the reimbursement for costs of repair as well as personal repair or replacement by Westinghouse.

First City National Bank v. Federal Deposit Insurance

782 F.2d 1344 · Court of Appeals for the Fifth Circuit · Feb 20, 1986

One of the most important requirements of Brown’s business is that he employ highly qualified professionals. … We need not determine whether this conclusion is supported by the record or is clearly erroneous, or, indeed, what the effect of negligence would be.

UMG Recordings v. Grande Comm

118 F.4th 697 · Court of Appeals for the Fifth Circuit · Oct 9, 2024

Section 512 thus balances the interests of copyright owners (who need the help of ISPs to stop mass infringements by subscribers of their networks) and ISPs (who are immunized from infringement claims seeking damages if they … Grande has therefore forfeited any argument that Plaintiffs failed to establish ownership over the works in suit, see Smith v. Sch.

Anna Mathai v. Board of Supervisors of LA

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

Nelson in his individual capacity was dismissed based upon qualified immunity, a matter also wholly unaddressed by Mathai in her opening brief. The breach of contract claim against Dr. … Prior to her dismissal, Mathai never contested the grounds underlying the two contracts, the second of which clearly stated that immediate dismissal would be the result of a failure to comply.

Sauquoit Fibers Co. v. Leesona Corp.

498 F.2d 271 · Court of Appeals for the Fifth Circuit · Jul 29, 1974

invention * * * [must have] * * * been tested so far as to make sure that it will operate under service conditions. * * * [A] test under service conditions is necessary in those cases, and in those only, in which persons qualified … Such a rule would be at odds with the controlling Supreme Court pronouncement, which clearly permits experiments that do not result in further change — phase three experimentation.

Donald Bryan Strickland, Jr., a Minor Through Mrs. Joyce Ann Lockridge Strickland, Guardian Ad Litem v. Transamerica Insurance Company

481 F.2d 138 · Court of Appeals for the Fifth Circuit · Aug 9, 1973

Koehring Company, 267 So.2d 270 (La.App.3rd Cir. 1972), writs granted, 263 La. 233 , 267 So.2d 726 , in which the Louisiana court said : “The trial judge was clearly correct in finding Frenzel negligent. … We note that Transameriea could have eliminated any ambiguity in exclusion (g) and (h) merely by qualifying the term “the insured” with the descriptive term “named” preceding the word insured.

United States v. Travis McCabe

702 F.3d 806 · Court of Appeals for the Fifth Circuit · Dec 17, 2012

Government counsel qualified his argument, stating that Warren “didn’t have anything to do with the burning, okay, I am not suggesting that.” … Before reviewing the sufficiency of the evidence, however, we establish a background fact for our review: Although the right of access to courts is well established, vindicating that right through criminal prosecution is