Case law

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

United States v. Villareal

Court of Appeals for the Fifth Circuit · Sep 16, 2025

Accordingly, the district court did not err in its interpretation of § 5C1.2(a)(4) or clearly err in its finding that Villareal failed to establish that he met the safety valve criteria. … Because Villareal did not meet the safety valve criteria, the district court did not clearly err in its finding that he did not qualify for a two-level reduction pursuant to § 2D1.1(b)(18).

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 v. Williams

874 F.2d 968 · Court of Appeals for the Fifth Circuit · Jun 22, 1989

Even if the prosecutor in 1986 thought it more likely than not that they would repeat their previous 1983 denials--which has not been clearly established here--in this setting that would not suffice. … In the second place, it may be doubted that the Hudgings-Michael limitations on perjury as contempt were clearly established or understood in 1831.

12 Fair empl.prac.cas. 1233, 11 Empl. Prac. Dec. P 10,916 W. J. Usery, Secretary of Labor, United States Department of Labor v. Tamiami Trail Tours, Inc.

531 F.2d 224 · Court of Appeals for the Fifth Circuit · May 5, 1976

Opportunity must be opened to the many Americans over 45 who are qualified and willing to work. … On the contrary, if all or substantially all members of a class do not qualify, or if there is no practical way reliably to differentiate the qualified from the unqualified applicants in that class, it is precisely then that

United States v. Kenneth Charles Fragoso

978 F.2d 896 · Court of Appeals for the Fifth Circuit · Nov 23, 1992

Whether written materials constitute a statement under the Jencks Act is normally a question of fact to be determined by the trial judge, and the court’s determination may not be disturbed unless clearly erroneous. … At the start of Thakur’s testimony, Fragoso objected to the admission of hearsay statements by Carlton because no conspiracy had yet been established.

Barnes v. City of Universal

Court of Appeals for the Fifth Circuit · Sep 27, 2002

Other government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity unless their conduct violates “clearly established statutory or constitutional rights … Barnes’s complaint did not plead the facts necessary to show that the city officials violated a clearly established right; nor did it plead any facts against Defendant Judge Stubblefield which indicate that he acted outside

United States v. Juan Arturo Mendoza-Medina

346 F.3d 121 · Court of Appeals for the Fifth Circuit · Sep 10, 2003

At trial, the Government had DEA Special Agent Keith Warzecha qualified as an expert. He testified that the marijuana seized was worth $77,600 in Laredo, and about $135,000 in Dallas. … “The standard of review of a defendant’s claim that a jury instruction was inappropriate is whether the court’s charge, as a whole, is a correct statement of the law and whether it clearly instructs jurors as to the principles

United States v. Charles H. Schmidt

711 F.2d 595 · Court of Appeals for the Fifth Circuit · Jul 22, 1983

Even a cursory reading of the indictment establishes what statements the government alleged to be false and why such was in fact the case. … established the “truth” allegations of paragraph 6.

Martin v. Trinity Industries, Inc.

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

Defendants assert that the warrant does not "clearly and unambiguously" order Trinity to compel its employees to wear such test equipment against their wishes. … But the holding that use of personal sampling devices is reasonable was qualified, in that the Service Foundry panel reco gnized "OSHA's practice of merely asking and not requiring employees to wear the sampling devices

United States v. Eli Paniagua

481 F. App'x 162 · Court of Appeals for the Fifth Circuit · Jul 11, 2012

The statute of prior conviction, § 71.02(a)(1), clearly does not have “as an element the use, attempted use, or threatened use of physical force” and does not qualify as a crime of violence under § 16(a). … Where such an offense is based on the actual commission of burglary of a motor vehicle, it clearly does.

United States v. Manuel Flores, United States of America v. Juan Raul Garza

63 F.3d 1342 · Court of Appeals for the Fifth Circuit · Sep 1, 1995

Thus, § 1111 encompasses defendants that would not necessarily qualify for the death penalty under Enmund and Tison . … This is clearly not the case. United States v.

Morris v. Cain

Court of Appeals for the Fifth Circuit · Aug 12, 1999

The Humphrey court also concluded that Cage and Victor qualified for retroactive application on collateral review in accordance with Teague v. … That decision was contrary to clearly established federal law as determined by the United States Supreme Court in Sullivan v. Louisiana, 508 U.S. 275 (1993).

Mary Alice Firestone, Plaintiff-Appellee-Cross v. Time, Inc., Defendant-Appellant-Cross

460 F.2d 712 · Court of Appeals for the Fifth Circuit · Apr 20, 1972

Sullivan also establishes that the burden is on the plaintiff in such a case to establish the falsity of the utterance. 1 32 Thus, the present rule is that the burden of the plaintiff in a libel action against the news media … Thus, while the general subject matter of an article might be protected, it does not follow that every particular reference therein is similarly immunized.

Elliott v. Morgan

111 F. App'x 345 · Court of Appeals for the Fifth Circuit · Oct 26, 2004

Further, the district court did not err in its summary judg- ment qualified immunity determination that Elliott had not estab- lished the violation of a clearly established constitutional right insofar as he alleged that … the routine, cross-gender body cavity searches violated his Fourth Amendment right to privacy; no such right is clearly established under either controlling authority or a consensus of the persuasive authority.

United States v. Dan Callahan

588 F.2d 1078 · Court of Appeals for the Fifth Circuit · Feb 2, 1979

Jeanette Callahan testified at the trial under a grant of immunity. … Jeanette Callahan’s prejudice was also evidenced by her obviously bitter divorce from the doctor, her formal grant of immunity, and her admitted complicity in the “NOL” scheme.

California Oil Company v. Joe D. Huffstutler, Trustee of Trice Production Company, Debtor

322 F.2d 596 · Court of Appeals for the Fifth Circuit · Sep 12, 1963

Prior to Trice’s reorganization proceeding, the Louisiana Commissioner of Conservation, after a public hearing and pursuant to California’s application, issued an order establishing these and other drilling units and regulating … court had jurisdiction, it should have declined :to exercise it: “These questions of regulation of the industry by the state administrative agency, whether involving .gas or oil prorationing programs or Rule 37 cases, so clearly

United States v. Hinds Cty Bd of Supr

120 F.4th 1246 · Court of Appeals for the Fifth Circuit · Oct 31, 2024

Deliberate indifference, for example, can be established via evidence showing notice of a problem from many years ago. See Gates v. … Further still, the court found, the County had failed to retain a qualified jail administrator.

United States v. Guadalupe M. Morado

454 F.2d 167 · Court of Appeals for the Fifth Circuit · Feb 1, 1972

The letters in question purported on their face to be requests from a number of the witnesses in this case to Solis asking that he come to their home to conduct a medical examination of them so that they might qualify to … Once this attack is cast in its proper mold of a was-there-a-prejudicial - variance - between - indictment - and-proof-issue, it can be clearly seen to be without merit.

Sanches v. Carrollton-Farmers Branch Independent School District

647 F.3d 156 · Court of Appeals for the Fifth Circuit · Jul 13, 2011

Ineffective responses, however, are not necessarily clearly unreasonable. In Doe ex rel. Doe v. … To establish title IX retaliation, Sanches must show that the district or its representatives took an adverse action against her because she complained of harassment. Jackson v.