Case law

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.

Linda Frew v. Chris Traylor

820 F.3d 715 · Court of Appeals for the Fifth Circuit · Mar 28, 2016

motion to enforce the consent decree was granted, resulting in a lengthy order detailing the district court’s findings of non-compliance. 2 This Court vacated the district court’s decision on the basis of Eleventh Amendment immunity … Janek, 780 F.3d 320, 328 (5th Cir. 2015) (“The whole point of negotiating and agreeing on a plethora of specific, highly detailed action plans was to establish a clearly defined roadmap for attempting to achieve the Decree

Foremost Dairies, Inc. v. Federal Trade Commission

348 F.2d 674 · Court of Appeals for the Fifth Circuit · Jul 14, 1965

It was established that the demands of the Michigan territory were fairly constant. … This case is clearly distinguishable from the one under consideration, particularly in view of the duration of the discriminations in the instant case and the context in which they were made.

Szumigala v. Nationwide Mutual Insurance

853 F.2d 274 · Court of Appeals for the Fifth Circuit · Jul 26, 1988

We again quote what we construe to be the decisive qualifying phrase: The affording of insurance ... to more than one automobile ... hereunder shall not operate to increase the limits of the Company's liability. … We note that where Nationwide intended to prohibit stacking of identical coverages provided under more than one policy, this intent was clearly expressed.

Dugas v. Pelican Construction Co.

481 F.2d 773 · Court of Appeals for the Fifth Circuit · Jun 11, 1973

To qualify for Jones Act benefits, an injured worker must be on more or less permanent assignment to a vessel or performing a substantial part of his work aboard a vessel. Offshore Company v. … The concept that seaworthiness contemplates the crew as well as a vessel and its gear has been firmly established in maritime law. In Boudoin v.

Myrtle L. Phillips v. Louie L. Wainwright, as Secretary, Department of Offender Rehabilitation, State of Florida

624 F.2d 585 · Court of Appeals for the Fifth Circuit · Aug 20, 1980

I would establish that predicate and then ask them for their opinion. THE COURT: Proceed. … Phillips has made no showing that it was “unfair” in any degree, much less “fundamentally unfair,” for the trial court to have refused to permit her experts to state a conclusion that was clearly outside the scope of their

Becker v. Tidewater, Inc.

586 F.3d 358 · Court of Appeals for the Fifth Circuit · Oct 27, 2009

“The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” … “A finding that a party is negligent or grossly negligent is a finding of fact and must stand unless clearly erroneous.

Plantation Key Developers, Inc. v. Colonial Mortgage Company Of Indiana, Inc.

589 F.2d 164 · Court of Appeals for the Fifth Circuit · Feb 6, 1979

It was "merely a form and mode of enforcing the immunity . . . ." Id. Second, the Court recognized a "strong federal policy against allowing state rules to disrupt the judge-jury relationship in the federal courts." … The commitment does not so clearly delineate Colonial's responsibility that a differing construction of it would evidence fraudulent intent.

Darryl Frazier v. USA

560 F. App'x 320 · Court of Appeals for the Fifth Circuit · Mar 26, 2014

Because individual Appellees’ actions did not amount to a constitutional violation, they were entitled to qualified immunity. Id. at *14. … Accordingly, the court granted the Government’s summary-judgment motion, based on Frazier’s failure to establish the essential elements of his claim. Id. II.

Sunbeam Products Inc v. The West Bend Co

Court of Appeals for the Fifth Circuit · Sep 15, 1997

Two Pesos, 505 U.S. at 774 (citations omitted).4 To demonstrate an unlawful trade dress infringement, the plaintiff must first establish that the trade dress qualifies for trade dress protection. … Functional features cannot be protected, and merely descriptive features must have acquired secondary meaning before qualifying for protection.” Sicilia Di R. Biebow & Co. v.

Pinkie Lyles v. Texas Alcohol Beverage Commission

379 F. App'x 380 · Court of Appeals for the Fifth Circuit · May 25, 2010

The district court found that pursuant to the Eleventh Amendment, TABC was immune from Lyles’s Texas Labor Code claim in federal court. … “To establish a prima facie case of employment discrimination [Lyles] must establish that [s]he (1) is a member of a protected class; (2) was qualified for the position; (3) was subject to an adverse employment action; and

Fei Bian v. Hillary Clinton

Court of Appeals for the Fifth Circuit · Apr 27, 2010

alien, shall not be approved until an immigrant visa number has been allocated by the Department of State....”9 As Bian contests the USCIS’s decision to adjudicate her application in compliance with regulations that are clearly … within the agency’s discretion to establish, the federal courts are without jurisdiction to entertain her claim. 2.

Cambridge Toxicology Group, Inc. v. Exnicios

495 F.3d 169 · Court of Appeals for the Fifth Circuit · Aug 1, 2007

Cambridge Toxicology argues that a later compromise to defer payment until after the trial established a line of credit. … “A district court abuses its discretion if it awards sanctions based on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Id.

Laird v. Lockheed Martin Eng

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

In determining that Mayfield did not qualify as an “original source” of the information publicly disclosed in his prior state court lawsuit, the district court aligned itself with a minority of the circuits interpreting … Spectrum Emergency Care, Inc., 190 F.3d 1156, 13 1162 (10th Cir. 1999) (“To establish original source status knowledge, a qui tam plaintiff must allege specific

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.

Haley v. Cockrell

306 F.3d 257 · Court of Appeals for the Fifth Circuit · Sep 27, 2002

A federal court must defer to a state court’s resolution of both pure questions of law and mixed questions of law and fact unless the state court’s determination was “contrary to” or an “unreasonable application” of clearly … established federal law as determined by the Supreme Court. § 2254(d)(1).

Londell Brown and Warren E. Gilliam, Jr. v. Stanley R. Resor, as Secretary of the Army

407 F.2d 281 · Court of Appeals for the Fifth Circuit · Feb 6, 1969

A careful review of the record convinces us that the Trial Court’s finding is not clearly erroneous — it is clearly correct. Smith v. … qualified for the exemption.

Irving Independent School Dist. v. Packard Properties

Court of Appeals for the Fifth Circuit · Aug 27, 1992

Reading § 1825(b) It is well established that "a State may not, consistent with the Supremacy Clause, U.S. … Const, Art VI, cl 2, lay a tax "directly upon the United States' ".4 It is also well established that Congress may waive this immunity by statute.

Xhino Gjetani v. William Barr, U. S. Atty Gen

Court of Appeals for the Fifth Circuit · Jul 31, 2020

Because he did not qualify for asylum, Gjetani necessarily did not meet the higher threshold for establishing eligibility for withholding of removal. … Gjetani has indisputably suffered greater harm to his person than the petitioner in Tamara-Gomez, and the treatment should likewise qualify as persecution.

United States v. John Webb

463 F.2d 1324 · Court of Appeals for the Fifth Circuit · Jul 11, 1972

In Perez , the petitioner was found by the Court to be ‘clearly ct member of the class which engages in “extortionate credit transactions” as defined by Congress and the description of that class has the required definiteness … The record reveals the prerequisites were established leaving the question of admissibility of such evidence to the trial judge’s discretion.