Case law

Natl Rifle Assn of America Inc v. Steven Mc

719 F.3d 338 · Court of Appeals for the Fifth Circuit · May 20, 2013

Moreover, in order to qualify for a license, an applicant must, among other things, be “at least 21 years of age” and “fully qualified under applicable federal and state law to purchase a handgun.”1 Id. § 411.172(a). … The parties seeking access to federal court bear the burden of establishing their standing. Time Warner Cable, Inc. v. Hudson, 667 F.3d 630, 635 (5th Cir. 2012).

United States v. Mary Jean Faubion

19 F.3d 226 · Court of Appeals for the Fifth Circuit · Apr 22, 1994

A claim that counsel’s performance fell below the threshold for effective assistance is analyzed under the framework that the Supreme Court established in Strickland v. Washington 4 . … The law, however, clearly indicates that no legitimate basis on which to appeal existed.

Dennard v. Richards Group

681 F.2d 306 · Court of Appeals for the Fifth Circuit · Jul 26, 1982

This accords with ERISA standards which establish maximum periods for eligibility and entry into a plan. … it seems obvious that a Former Participant need not have incurred a One Year Break to be categorized as such, and thus terminate is not equivalent to incurring a Break. 26 Second, the Committee's interpretation appears clearly

Tanner v. McCall

625 F.2d 1183 · Court of Appeals for the Fifth Circuit · Sep 17, 1980

Healthy clearly places on the defendant the burden of proving independent reasons for discharge. McCall did not meet this burden during trial for any plaintiffs other than Campbell and Ugorek. . … Campbell relied on the following testimony which she gave on cross-examination, to establish that the number of secretaries had not been reduced: Q.

Greenwood Utilities Commission v. Mississippi Power Company, Greenwood Utilities Commission v. Mississippi Power Company

751 F.2d 1484 · Court of Appeals for the Fifth Circuit · Feb 7, 1985

Mississippi Power Company is a Mississippi corporation, qualified under the Public Utility Act of Mississippi, and provides service to more than 135,000 residential, 23,500 commercial and 350 industrial customers in twenty-three … The lines are not always so clearly drawn, however, as the present case indicates.

Cargill v. Garland

57 F.4th 447 · Court of Appeals for the Fifth Circuit · Jan 6, 2023

two conditions that must obtain in order for a weapon to qualify. … Odder still, the dissent also accuses us of creating a “special rule of lenity for guns,” “giving machinegun owners immunity from prosecution that is not shared by other offenders.” Id. at 57 n.4, 61.

Prantil v. Arkema

986 F.3d 570 · Court of Appeals for the Fifth Circuit · Jan 22, 2021

The authorities responded by establishing a 1.5-mile evacuation zone around the facility. … Perry, 675 F.3d 832, 842-43 (5th Cir. 2012) (noting that “[t]he district court clearly rejected” the defendant’s individualization argument but had not “sufficiently analyzed” it)). 42 Castano

Jerry W. Matthias and Kathryn A. Schurber v. Dallas H. Bingley, City of Houston

906 F.2d 1047 · Court of Appeals for the Fifth Circuit · Jul 26, 1990

Under the prevailing Supreme Court and Fifth Circuit standards discussed above, both the ordinance and police department custom constitute City policy for which the City clearly is responsible. … Even though Monell clearly holds the City liable for the harms caused here, the City argues that Parratt v.

United States v. Ernest C. Hamilton, Lloyd E. Hennigan, Jr., Philip J. Shaheen, Jr., and Henri Loridans

559 F.2d 1370 · Court of Appeals for the Fifth Circuit · Oct 3, 1977

The law of this circuit is well established that a motion for new trial may ordinarily be decided upon affidavits without an evidentiary hearing. United States v. … In Curry, supra, we held that the acumen gained by a trial judge over the course of the proceedings made him well qualified to *1374 rule on the basis of affidavits without a hearing.

Raymond Wayne Hill v. The City of Houston, Texas

764 F.2d 1156 · Court of Appeals for the Fifth Circuit · Sep 4, 1985

The first clause protects the policeman from being assaulted or struck in the performance of his duty, and clearly applies only to physical conduct. … For example, federal law prohibits “assaulting, resisting or impeding” certain federal officers. 41 It is similar to the Houston city ordinance, but it qualifies the proscribed conduct with the adverb “forcibly.”

Roadway Express, Inc. v. Elizabeth Dole, Secretary, U.S. Department of Labor

929 F.2d 1060 · Court of Appeals for the Fifth Circuit · Apr 29, 1991

In order to qualify for protection under this subsection, the employee must have sought from his employer, and have been unable to obtain, correction of the unsafe condition. 49 U.S.C. App. § 2305. … Applying our analysis, the employee in DeFord established an entitlement to the job he occupied and therefore established unlawful discrimination when he was removed from it for an impermissible reason.

Coleman v. Grapevine City of

Court of Appeals for the Fifth Circuit · May 31, 1996

In assessing a claim of qualified immunity, the court must first determine whether the plaintiff has alleged the violation of a clearly established constitutional right. Rankin v. … If so, the court must then decide whether the defendant's conduct was objectively reasonable in order to determine whether he is entitled to qualified immunity. Id.

MDPhysicians & Associates, Inc. v. State Bd. of Ins.

Court of Appeals for the Fifth Circuit · May 20, 1992

If the MDP Plan qualified as an EWBP, subsection (6)(A)(ii) would apply because the MDP Plan is not fully insured. … To allow an entrepreneurial venture to qualify as an "employer" by establishing and maintaining a multiple employer welfare arrangement without input by the employers

United States v. Cadena

585 F.2d 1252 · Court of Appeals for the Fifth Circuit · Jan 16, 1979

Unlike them, the answer is not clearly charted. … The nature and identification of the substance was clearly established.

McMillian v. Aberdeen Sch Dist

Court of Appeals for the Fifth Circuit · Jul 23, 2025

Brownsville Independent School District, the plaintiff prevailed in an action establishing that the defendant school district refused to hire her because of her sex. 700 F.2d 253, 254 (5th Cir. 1983). … Viewing the evidentiary record, that finding was not clearly erroneous.

Sanderson v. Ford Motor Co.

483 F.2d 102 · Court of Appeals for the Fifth Circuit · Jul 12, 1973

Many provisions do little but establish the framework for further bargaining. Others have a generality which obviously looks to joint labor-management particularization. … Therefore, as openings occur within the plant, first consideration should be given to employes who qualify for such positions. B.

Maurer v. American Airlines

249 F. App'x 341 · Court of Appeals for the Fifth Circuit · Oct 2, 2007

Further, in a failure to promote case, “a showing that the unsuccessful employee was clearly better qualified is enough to prove that the employer’s proffered reasons are pretextual.” Price v. … Maurer has not shown that she was “clearly better qualified” than either Van Zanden or Wilson at the time Vance offered them the position. See Price, 283 F.3d at 723.

Glasscock v. Armstrong Cork Co.

946 F.2d 1085 · Court of Appeals for the Fifth Circuit · Dec 2, 1991

Plaintiffs also offered a substantial amount of expert testimony establishing the long term effects of exposure to asbestos. … We also note that the factors set out by the Texas Supreme Court for review of punitive damages clearly distinguishes the Texas systems from the simplistic "passion and prejudice" analysis referred to in Haslip. 74 Our inquiry

United States v. Kendrick Akins

Court of Appeals for the Fifth Circuit · Mar 27, 2014

“This court will reverse a district court’s decision denying a defendant’s motion for continuance only when the district court has abused its discretion and the defendant can establish that he has suffered serious prejudice … These findings, moreover, were supported by the evidence and not clearly erroneous, and we hold there is no basis for overturning them here.60 VII.

United States v. Threadgill

172 F.3d 357 · Court of Appeals for the Fifth Circuit · May 4, 1999

Several bettors who had been given immunity also testified about their dealings with the defendants. Several of those bettors were from out of state. … The record plainly establishes that the defendants used the gambling records to better the profitability of their criminal enterprise.