Case law

United States of America and Doris Elaine Brown v. The Board of Education of the City of Bessemer, United States of America and Dwight Armstrong v. Board of Education of the City of Birmingham, Jefferson County, Alabama, United States of America and Linda Stout, by Her Father and Next Friend, Blevin Stout v. Jefferson County Board of Education

396 F.2d 44 · Court of Appeals for the Fifth Circuit · Jun 3, 1968

This shall be stated in terms that clearly define the Board's responsibilities. 26 This leaves the problem of the ultimate 'C day.' … But instead of a questionnaire, the Assistant Superintendent asked each school Principal and supervisor to furnish the names of teachers qualified both educationally and emotionally to teach in a school where they would be

United States v. Orleans Parish Sch

Court of Appeals for the Fifth Circuit · Mar 28, 2001

Does the School Board qualify as, “Any person” under the False Claims Act? … For example, sovereign immunity under the Eleventh Amendment does not extend to governmental entities which are not an arm of a state. Alden v.

Watkins v. Telsmith, Inc.

121 F.3d 984 · Court of Appeals for the Fifth Circuit · Sep 16, 1997

Daubert only apply to "scientific knowledge" and expert testimony based on "novel" 3 We do not reach Watkins's contentions that the trial court erred in finding Williams insufficiently qualified … In the Compton case, for example, the expert was clearly proposing that the vehicles be constructed by some other method that would embody his proposed standards. Tassin v.

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.

Parker v. United States

611 F.2d 1007 · Court of Appeals for the Fifth Circuit · Feb 13, 1980

The second factor was the no-fault compensation scheme established by the Veterans' Benefits Act. As a third factor the Court quoted the elements listed in Brown. … Stencel provides little insight, however, into when activity is "incident to service": the injured serviceman in Stencel had clearly been engaged in activity incident to his military service. 5 Indeed, a close reading of

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.

Reed v. Murphy

232 F.2d 668 · Court of Appeals for the Fifth Circuit · Mar 16, 1956

And in the Judiciary, as late (1948) as our decision in this very case, we thought these contracts were immune. The Supreme Court avoided decision that same year, Kennedy v. … It is directed that the Contractor adhere to the following in establishing the salaries of Navy and Contractor's employees: '(a) A six-day workweek is to be established as of 8 July, and no overtime will be paid regardless

Valdez v. Cockrell

274 F.3d 941 · Court of Appeals for the Fifth Circuit · Dec 3, 2001

Under AEDPA, clearly established federal law “refers to the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.” Terry Williams v. … ” inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.

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.

United States v. Hyde

574 F.2d 856 · Court of Appeals for the Fifth Circuit · Jun 9, 1978

Clearly, however, probable cause to intercept communications may exist even where no tangible evidence can be found. … Middlebrooks (whose complicity in the cocaine conspiracy was established beyond question).

Vernon v. Gomez

198 F. App'x 372 · Court of Appeals for the Fifth Circuit · Aug 21, 2006

The denial of Deputy Garza’s motion to dismiss the excessive force claim against him on the basis of qualified immunity, as the evidence does not conclusively establish that the alleged use of force … The denial of Deputy Natividad’s motion to dismiss the excessive force claim against him on the basis of qualified immunity, as the evidence does not conclusively establish that the 2

Lenart v. Connerly

129 F.3d 607 · Court of Appeals for the Fifth Circuit · Sep 18, 1997

The district court correctly noted that the claims against 13 See Brady, 113 F.3d at 1423 (“In order to establish that one’s First Amendment right to free speech has been violated by an employer’s retaliatory … immunity. 15

United States v. Malich Chike Reed, United States of America v. Malich Chike Reed

375 F.3d 340 · Court of Appeals for the Fifth Circuit · Aug 23, 2004

In an extensive written memorandum, the court asked the parties to identify, from the record, the membership and mandate of the joint Violent Crimes Task Force and also to brief whether a member of this task force qualifies … The arrangement of words clearly suggests that the defendant's assault or attempt to kill, the local officer's assistance, and the duties being performed by the FBI agent must all be, at least in the same reasonable sense

Vanderhoff v. Prentice

344 F. App'x 22 · Court of Appeals for the Fifth Circuit · Sep 2, 2009

Pacheco was entitled to qualified immunity.2 Notably, Dr. Pacheco did not challenge as untrue the factual allegations contained in Vanderhoff’s complaint. The district court granted Dr. … The court’s conclusion was based upon a clearly erroneous assessment of the evidence – the mistaken belief that Vanderhoff never had back pain, a belief belied by Dr.

Continental Airlines, Inc. v. Air Line Pilots Ass'n, International

555 F.3d 399 · Court of Appeals for the Fifth Circuit · Jan 13, 2009

At the time of his discharge he was on long-term disability status and was not qualified to fly. … There can be no dispute that the SBA qualifies as a third party and is swept into the regulation’s scope by the “no one” language.

McDonald v. Hartford Life Group Insurance

361 F. App'x 599 · Court of Appeals for the Fifth Circuit · Jan 19, 2010

He concluded that McDonald’s file did not “establish a complete impairment from gainful employment.” Based on Dr. … “An administrator’s decision to deny benefits must be ‘based on evidence, even if disputable, that clearly supports the basis for its denial.’ ” Lain v. UNUM Life Ins.

Johnson v. State of LA

79 F. App'x 684 · Court of Appeals for the Fifth Circuit · Nov 3, 2003

Wagner was clearly more qualified than Johnson as he possessed a master’s degree in business administration and had served as Chief Financial Officer for four different hospitals. … This is not to say that Johnson could not qualify based on her professional experience or other attributes, but she does not offer evidence to prove she was “clearly better qualified” than Wagner.

Rolland v. United States Department of Veterans Affairs

146 F. App'x 743 · Court of Appeals for the Fifth Circuit · Aug 23, 2005

Testan, 424 U.S. 392, 399 tive procedures before the federal courts acquire (1976) (“It long has been established, of course, jurisdiction). that the United States, as sovereign, ‘is immune … After Rolland received a final 181 (5th Cir. 1990) (noting that the federal govern- decision from the EEOC, he was given a choice of ment may be sued only on clearly stated consent); pursuing an appeal

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.

Fierros v. TX Dept of Health

Court of Appeals for the Fifth Circuit · Dec 21, 2001

This language clearly contemplates that the denial of a pay increase can be an act of “discrimination” against an employee. … Similarly, in Mota, we reasoned that the employer’s discontinuation of the plaintiff’s stipend qualified as an “ultimate employment decision” because it was “a compensation decision.” 261 F.3d at 521; see also id.