Case law

Melancon v. Kaylo

259 F.3d 401 · Court of Appeals for the Fifth Circuit · Aug 6, 2001

From that point, the limitations period was clearly tolled until December 9, 1997, when the trial court denied post conviction relief. … Because Melancon did not expediently file his federal habeas petition, this circumstance is not extraordinary enough to qualify for equitable tolling under § 2244(d)(1).

Burch v. City of Nacogdoches

Court of Appeals for the Fifth Circuit · May 27, 1999

This court has, however, established that “[f]or the accommodation of a reassignment to be reasonable, it is clear that a position must first exist and be vacant.” Foreman v. functions of being a firefighter. … purposes that Burch wanted an accommodation, simply because, in retrospect, he concedes that he could not perform the duties of an actual firefighter any longer but still wanted employment.12 Even if Burch had clearly

Etter Grain Company, Inc. v. United States

462 F.2d 259 · Court of Appeals for the Fifth Circuit · Jun 7, 1972

(taxpayer) did not qualify for tax exemption under Section 521. It therefore disallowed certain preferred stock dividend deductions and assessed deficiencies. … ending April 30, 1966, however, following an audit, the Service disallowed a deduction for preferred stock dividends on the basis that the value of the consideration paid for the taxpayer’s preferred stock had not been established

Bart B. Chamberlain, Jr., Etc., Plaintiff-Appellee-Cross v. Jerome Kurtz, Commissioner of Internal Revenue, Defendants- Appellants-Cross

589 F.2d 827 · Court of Appeals for the Fifth Circuit · Feb 14, 1979

and 6103(e)(6) qualify for the statutory exemption to the POIA. … These documents are clearly matters prepared or collected by the Secretary with respect to determining the existence of liability for a tax or penalty.

Jones v. Grapeland ISD

Court of Appeals for the Fifth Circuit · Oct 15, 2024

So, we “presume that a suit lies outside [its] lim- ited jurisdiction”, and “the burden of establishing federal jurisdiction rests on the party seeking the federal forum.” 9 Jones has not met his burden. … Second, Title VII does not waive sovereign immunity for claims for representation against the EEOC. Id. at 233.

Earle v. Aramark Corporation

247 F. App'x 519 · Court of Appeals for the Fifth Circuit · Sep 12, 2007

To establish a prima facie case for sex discrimination, Earle must show that (1) she belongs to a protected class; (2) she was qualified for the position; 7 Id. at 309. 8 29 U.S.C. § 631 … “An employee's decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”

Anh Le v. Loretta Lynch

Court of Appeals for the Fifth Circuit · Jan 6, 2016

The court in Almanza-Arenas used the modified categorical approach to determine whether a particular offense qualified as a crime of moral turpitude rendering the alien ineligible for cancellation of removal. 771 F.3d at … de novo whether the offense qualifies as an offense relating to a controlled substance under the INA.

United States v. Francisco Colorado Cessa

785 F.3d 165 · Court of Appeals for the Fifth Circuit · May 7, 2015

Piloto won the race by a nose—even though he had the slowest qualifying time. As a reward for having successfully paid off all the starters, Miguel Trevino rewarded Carlos Nayen with 10 kilograms of cocaine. B. … Jose Trevino points to no evidence that rebuts the PSR’s analysis or establishes that the district court’s factual finding was clearly erroneous.

LA Environmental Action Ntwrk v. City of Baton Rou

Court of Appeals for the Fifth Circuit · Apr 17, 2012

One of these specified sections establishes the National Pollutant Discharge Elimination System (“NPDES”). 33 U.S.C. § 1342. … LEAN argued that the Defendants cannot immunize themselves from liability for violations of the CWA by relying on the 2002 consent decree.

Thomas R. Pledger and Phyllis R. Pledger v. Commissioner of Internal Revenue

641 F.2d 287 · Court of Appeals for the Fifth Circuit · Apr 2, 1981

The statute does not establish an irrebuttable presumption on its face, and arguably does not establish an irrebuttable presumption at all. … This action was taken in order for the transaction to qualify as a private offering, exempted from registration requirements under the Securities Act of 1933 by § 4(2) of that act. 15 U.S.C. § 77d(2).

Melvin Landry v. The Cooper/t. Smith Stevedoring Company, Inc.

880 F.2d 846 · Court of Appeals for the Fifth Circuit · Aug 22, 1989

Under the agreement, freight handlers who worked a certain number of hours during a qualifying year received a registration card (also known as a “G” card) that entitled them to a hiring preference at the Waterfront Employment … The decision not to arbitrate the grievance on its merits was clearly within the union’s discretion. Vaca, 386 U.S. at 191-95 , 87 S.Ct. at 917-19 .

Atwater v. City of Lago Vista

195 F.3d 242 · Court of Appeals for the Fifth Circuit · Nov 24, 1999

II The law is long and well established that, under the Fourth Amendment, the scope of a search or seizure “must be strictly tied to and justified by the circumstances which rendered its initiation permissible.” … Of course, what qualifies as "usual, regular, or customary” is entirely dependent on the circumstances; an action that would be deemed an extraordinary response to one set of facts might be thought quite ordinary and commonplace

United States v. William Leslie Wright, Jr.

588 F.2d 189 · Court of Appeals for the Fifth Circuit · Jan 22, 1979

Customs Officer Summers, in an unmarked car, established surveillance just east of Redford on Highway 170. … Appellant’s activities clearly furnished the officers grounds to reasonably suspect he was involved in trafficking of illegal drugs.

United States v. EFF

524 F.3d 712 · Court of Appeals for the Fifth Circuit · Apr 14, 2008

Eff set the fires because he was angry that he was not being given an opportunity to advance in his job, he received increased experience in fighting the fires he had started, and he hoped this experience would qualify him … Because this “other” testimony goes to Eff’s mental condition at the time he committed the acts of arson, it is clearly relevant to Eff’s asserted insanity defense.

Marc Veasey v. Greg Abbott

888 F.3d 792 · Court of Appeals for the Fifth Circuit · Apr 27, 2018

This remains a plausible view of the evidence in light of the record and is therefore not clearly erroneous. See Washington v. … photo ID or the underlying documentation necessary to obtain qualifying photo ID.”

Anh Le v. Loretta Lynch

Court of Appeals for the Fifth Circuit · Jan 11, 2016

The court in Almanza-Arenas used the modified categorical approach to determine whether a particular offense qualified as a crime of moral turpitude rendering the alien ineligible for cancellation of removal. 771 F.3d at … INS, 123 F.3d 1322, 1326 (9th Cir. 1997) (stating that Congress has expressed great zeal in eliminating illicit drug trafficking and has “clearly 16  Case: 13-60664 Document:

Woodlands Pride v. Paxton

Court of Appeals for the Fifth Circuit · Feb 25, 2026

If an injury in fact is established, it must also be traceable to the Attorney General and redressable by the injunction sought. Id. at 215. … See Inst. for Free Speech, 148 F.4th at 329. 360 Queen has established an injury in fact.

United States v. Theodore Ray Melancon

462 F.2d 82 · Court of Appeals for the Fifth Circuit · Jul 21, 1972

No fence separates appellant’s residence from his business establishment, and there is a pathway *93 worn between appellant’s residence and his business establishment. 5. … one establishment with a worn pathway between the two and obviously Mr.

Save Our Wetlands, Inc. v. Colonel Thomas Sands, Etc., (Two Cases)

711 F.2d 634 · Court of Appeals for the Fifth Circuit · Aug 8, 1983

The record establishes that there was an adequate review and that this finding of fact is not clearly erroneous. The agency is not required “to do it alone” in reviewing the environmental impact of projects. … The “materials” here do not qualify as dredged or fill materials under these definitions. The definition of fill material highlights the fundamental difference that exists between this case and the Avoyelles decision.

Piper v. Veneman

183 F. App'x 407 · Court of Appeals for the Fifth Circuit · May 11, 2006

brought forth no evidence indicating that she is “clearly better qualified” than is Jack to Price, 283 F.3d at 720. … Piper has, however, successfully established a prima facie case of sex discrimination: (1) She is a member of a protected class (women); (2) she was qualified for the position sought, as evidenced by the NFC’s placement of