Case law

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.

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 .

Montgomery v. Thomas

146 F.2d 76 · Court of Appeals for the Fifth Circuit · Dec 18, 1944

Montgomery, supra, considered and established the legality of the corporation and to whom its earnings belonged and by whom the tax on its earnings was due. … Gregory, 2 Cir., 69 F.2d 809 , 810: “A transaction, otherwise within an exception of the tax law, does not lose its immunity, because it is actuated by a desire to avoid * * * taxation.”

Deaton Truck Line, Inc. v. National Labor Relations Board, Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union 612 v. National Labor Relations Board

337 F.2d 697 · Court of Appeals for the Fifth Circuit · Dec 21, 1964

Upon such findings and conclusions, the Board dismissed the complaint against Deaton. 4 The Board stated its reasons for assigning the status of supervisors to the multiple owner-drivers, as follows: 5 "The record clearly … establishes that multiple owner-drivers have the power to hire and fire drivers of their trucks.

Cotherman v. Federal Trade Commission

417 F.2d 587 · Court of Appeals for the Fifth Circuit · Oct 3, 1969

The favorable terms which were advertised were available only “to borrowers who qualify for such loans” — but few applicants “qualified”, Consolidated “rarely made loans at the [advertised] repayment schedules”, and most … Manual Enterprises perhaps may be explained on this basis; the Post Office clearly traveled outside its authority in withholding “obscene” materials from the mails. See Presque Isle TV Co. v.

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.

Eppendorf-Netheler-Hinz GMBH v. Ritter GMBH

289 F.3d 351 · Court of Appeals for the Fifth Circuit · Apr 22, 2002

It is clear that functional product features do not qualify for trade dress protection. However, the definition of “functionality” has not enjoyed such clarity. See J. … established that there were alternative designs to each of the eight non-functional features.”

Sarah Martin v. Trend Personnel Services, e

656 F. App'x 34 · Court of Appeals for the Fifth Circuit · Aug 31, 2016

To determine whether a particular plan qualifies as an ERISA employee welfare benefit plan, this court “ask[s] whether a plan: (1) exists; (2) falls within the safe-harbor provision established by the Department of Labor; … The district court did not clearly err in finding that Trend did not employ a benefits administrator. 7

Pacific Mutual Life Insurance v. First RepublicBank Corp.

997 F.2d 39 · Court of Appeals for the Fifth Circuit · Jul 20, 1993

Immunity from federal regulation is not gained through forehanded contracts. … This reasoning establishes that, despite McCullough, judgments that are final and nonappealable do not create rights that are absolutely immune from congressional manipulation.

Seoane v. Ortho Pharmaceuticals

660 F.2d 146 · Court of Appeals for the Fifth Circuit · Nov 2, 1981

POLITZ, Circuit Judge: 1 This appeal presents the question of the constitutionality of the medical malpractice review panel procedure established by Louisiana Revised Statutes 40:1299.41-47. … The statutes clearly prescribe that the panel's report constitutes no more than expert opinion evidence, 3 the use of which is not incompatible with the seventh amendment.

Hilary Davis, Individually and on Behalf of All Others Similarly Situated v. William J. Page, Jr., Etc., Circuit Judges Dixie Herlong Chastain, Etc.

640 F.2d 599 · Court of Appeals for the Fifth Circuit · Mar 23, 1981

Fla.Stat. § 39.41(1) 3 Appellants have not urged us to consider whether judicial immunity bars declaratory or injunctive relief and we do not. Cf. Gomez v. … Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1924 , 64 L.Ed.2d 572 (1980) (qualified immunity to a § 1983 action is a defense and burden of pleading rests with defendant). See generally, Supreme Court of Virginia v.

Dean v. Smith County Texas

90 F. App'x 75 · Court of Appeals for the Fifth Circuit · Mar 19, 2004

Dean likewise has not shown that the district court erred in determining that defendants Dempsey and Smith were entitled to qualified immunity, as he has not shown that these defendants violated his clearly established … Dean’s failure to establish a violation of his federal rights renders his claim against Smith County unavailing. See Becerra v.

Vieux Carre Property Owners, Residents & Associates, Inc. v. Colonel Lloyd Kent Brown, Etc.

875 F.2d 453 · Court of Appeals for the Fifth Circuit · Jun 14, 1989

The head of any such Federal *460 agency shall afford the Advisory Council on Historic Preservation established under sections 470i to 470v of this title a reasonable opportunity to comment with regard to such undertaking … Congress clearly did not intend to require the Corps to subject such truly inconsequential projects to the procedural complexities of section 470f. See National Historic Preservation Act Amendments of 1980, H.R.

Longoria v. Paxton

Court of Appeals for the Fifth Circuit · Mar 21, 2022

With regard to standing,4 the primary issue is whether Plaintiffs can establish that they have suffered an injury in fact. … Under the doctrine of sovereign immunity, states and their officers are generally immune from private suits unless they consent or unless Congress validly strips their immunity. City of Austin v.

United States Trust Co. v. Internal Revenue Service

803 F.2d 1363 · Court of Appeals for the Fifth Circuit · Nov 7, 1986

The court recognized that section 661 authorized deductions for “any amounts properly paid or credited” and then concluded that the distributions to the Foundation in 1975 were clearly amounts properly paid. 617 F.Supp. at … A literal interpretation of “amounts properly paid” would undercut the conduit taxation system established in Subchapter J. Estate of O’Connor v. Commissioner, 69 T.C. 165, 178 (1977) (en banc).

Shelton v. La Dept Corrctns

Court of Appeals for the Fifth Circuit · Sep 28, 1999

McGovern contends that he is entitled to qualified immunity as to * Pursuant to 5TH CIR. … ’s conduct was objectively reasonable under clearly established law.

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.

Thomas v. DeJoy

Court of Appeals for the Fifth Circuit · Apr 14, 2026

B With regard to Thomas’s race discrimination claim, to establish a prima facie case of racial discrimination, a plaintiff must show he “1) is a member of a protected class; 2) was qualified for h[is] position; 3) … C As to Thomas’s age discrimination claim, “[t]o establish h[is] prima facie case of age discrimination, [Thomas] must show that (1) [he] was discharged, (2) [he] was qualified for the position, (3) [he] was within

Williams v. City of Greenwood

Court of Appeals for the Fifth Circuit · Mar 31, 2023

Additionally, when, as here, law enforcement officers sued in their individual capacities properly invoke qualified immunity, “the burden shifts to the plaintiff to demonstrate the inapplicability of the defense. … established law.’”

Waddell v. Montgomery County TX

Court of Appeals for the Fifth Circuit · May 31, 2000

PER CURIAM:* Defendants Guy Williams and Montgomery County Texas have filed and interlocutory appeal of the district court’s denial of qualified immunity. … request for qualified immunity on these claims.