Case law

Walker v. Harmony Public Schools

Court of Appeals for the Fifth Circuit · Feb 27, 2023

The district court dismissed Walker’s § 1981 claims and ADA claims as barred by sovereign immunity. … To establish a prima facie case of discrimination, Walker must show that she (1) is a member of a protected class; (2) was qualified for her position; (3) was subject to an adverse employment action; and (4) that

Derek Jerome Singleton v. Jackson Municipal Separate School District, Clarence Anthony v. Marshall County Board of Education, Linda Stout, by Her Father and Next Friend Blevin Stout, United States of America, Plaintiff-Intervenor v. Jefferson County Board of Education, Doris Elaine Brown, United States of America, Plaintiff-Intervenor v. The Board of Education of the City of Bessemer, Birdie Mae Davis, United States of America, Plaintiff-Intervenor v. Board of School Commissioners of Mobile County, Twila Frazier, Defendants-Intervenor-Appellees. Robert Carter v. West Feliciana Parish School Board, Sharon Lynne George v. C. Walter Davis, President East Feliciana Parish School Board, Irma J. Smith v. Concordia Parish School Board, Neely Bennett v. R. E. Evans, Allene Patricia Ann Bennett, a Minor, by R. B. Bennett, Her Father and Next Friend v. Burke County Board of Education, Shirley Bivins v. Bibb County Board of Education and Orphanage for Bibb County, Oscar C. Thomie, Jr. v. Houston County Board of Education, Jean Carolyn Youngblood, United States of America, Plaintiff-Intervenor v. The Board of Public Instruction of Bay County, Florida, Lavon Wright v. The Board of Public Instruction of Alachua County, Florida

425 F.2d 1211 · Court of Appeals for the Fifth Circuit · Jan 21, 1970

Perhaps a few teams of qualified computer technicians with enough equipment could work it out, but we leave no time for even that exotic remedy. … Correspondingly, they have a wider latitude within which to justify the relitigation of constitutional principles established in prior cases.

Langford Inv. Co. v. Commissioner of Internal Revenue

77 F.2d 468 · Court of Appeals for the Fifth Circuit · Apr 24, 1935

The conclusion that the settlors contemplated the creation of more than one trust is clearly negatived by the repeated use in the trust instrument of such language as “this trust,” “the trust estate hereby created,” and by … settled that the determination of the Commissioner is prima facie correct, and the burden is upon the taxpayer claiming a deduction disallowed by the Commissioner not only to prove that the Commissioner erred, but also to establish

Casa Orlando Apartments, Ltd. v. Federal National Mortgage Ass'n

624 F.3d 185 · Court of Appeals for the Fifth Circuit · Oct 14, 2010

Those documents allegedly established the fiduciary relationship. … Thus, in contrast with Greenberg, reasonable expectations in this case do not so clearly point to the application of a single jurisdiction’s laws.

Walker v. City of Houston

Court of Appeals for the Fifth Circuit · Oct 4, 2023

rights were not violated. 5 Because the district court held that there was no violation of Walker’s rights, it did not reach the issue of qualified immunity. … To establish that an officer used excessive force, a plaintiff must show that he “suffer[ed] an injury that result[ed] directly and only from a clearly excessive and objectively unreasonable use of force.”

Judith Sekel v. Aetna Life Insurance Company

704 F.2d 1335 · Court of Appeals for the Fifth Circuit · May 19, 1983

In spite of this attention, Pyramid had not established a rule in Texas contrary to the majority position. 11 Thus, Mrs. … The second aspect of the jury instruction which qualifies the application of a pure “but for” test is in its last sentence which states that death can be accidental “even though disease may have been present as a secondary

Billy High, Jr. v. Vistasp Karbhari

Court of Appeals for the Fifth Circuit · Jun 12, 2019

The party seeking to invoke federal jurisdiction bears the burden of establishing these elements. Little, 575 F.3d at 540. … “Federal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.”

United Healthcare Insurance v. Davis

602 F.3d 618 · Court of Appeals for the Fifth Circuit · Mar 31, 2010

The Supreme Court’s decisions establish “that the Commerce Clause not only grants Congress the authority to regulate commerce among the States, but also directly limits the power of States to discriminate against interstate … Act 479 should not be held to be immune from the limitations of the dormant Commerce Clause under the market participant exception.

S.E.C. v. Recile

10 F.3d 1093 · Court of Appeals for the Fifth Circuit · Dec 29, 1993

Raising a Genuine Issue of Material Fact The SEC amply established its entitlement to summary judgment on the fraud claims. … Recile's statements regarding the long-term financing and leasing status of Place Vendome clearly qualify as material--the investors were to receive their 100% profit once the property and the long-term financing were acquired

Taylor-Travis v. Jackson State Univ

984 F.3d 1107 · Court of Appeals for the Fifth Circuit · Jan 6, 2021

The district court clearly erred in finding otherwise. Taylor’s privacy claim fails as a matter of law. … The first paragraph states that the plaintiff must show “a causal connection between exercise of the protected activity under Title IX and an adverse employment action” without elaborating upon what qualifies as a “causal

Beatrice Mae Hansen v. Johns-Manville Products Corporation, Johns-Manville Sales Corporation

734 F.2d 1036 · Court of Appeals for the Fifth Circuit · Jun 11, 1984

Smith’s deposition clearly reveals the nature of his medical practice at the time of the taking of the deposition. As to the course of his knowledge, Dr. … The rationale behind the defense is an extension of sovereign immunity: in circumstances in which the government would not be liable, private contractors who act pursuant to government directives should not be liable.

Stanley Duplantis and His Wife, Melissa Duplantis v. Shell Offshore, Inc.

948 F.2d 187 · Court of Appeals for the Fifth Circuit · Dec 6, 1991

The testimony in the record, however, clearly indicates that housekeeping on Grace/Booker’s rig was the responsibility of Grace/Booker, not of Shell. … It is unsworn, it is not even in the form of an affidavit and gives no indication that Robert is qualified to render opinions on such matters.

Willie McLAURIN Et Al., Plaintiffs-Appellants, v. the COLUMBIA MUNICIPAL SEPARATE SCHOOL DISTRICT Et Al., Defendants-Appellees

478 F.2d 348 · Court of Appeals for the Fifth Circuit · May 24, 1973

The complaint 2 alleged the following Singleton violations: 15 "Upon information and belief defendants have violated the above cited order: (1) plaintiffs and members of the plaintiff class are as qualified or more qualified … erroneous. 54 In my view, no pre-established objective criteria were necessary to justify the non-renewal of these two teachers.

N. K. Parrish, Inc. v. Southwest Beef Industries Corporation, Etc.

638 F.2d 1366 · Court of Appeals for the Fifth Circuit · Mar 13, 1981

In our case, the district court ruled that the principals the investors were immune from liability. … In Medical Personnel Pool, on the other hand, the court clearly stated that the election rule required a voluntary act of will on the part of the third party.

Total Minatome Corp. v. Jack/Wade Drilling, Inc.

258 F.3d 385 · Court of Appeals for the Fifth Circuit · Jul 13, 2001

A bankruptcy court’s findings of fact are subject to clearly erroneous review, while its conclusions of law are reviewed de novo. See In re Gamble, 143 F.3d 223, 225 (5th Cir. 1998). … In order to qualify as an “actual and necessary cost” under section 503(b)(1)(A), a claim against the estate must have arisen post-petition and as a result of actions taken by the trustee that benefitted the estate.

Ripley v. Chater

Court of Appeals for the Fifth Circuit · Oct 30, 1995

To prove disability resulting from pain, an individual must establish a medically determinable impairment that is capable of producing disabling pain.16 Once a medical impairment is established, the subjective complaints … What the record does not clearly establish is the effect Ripley's condition 24 "Although we will request a medical source statement about what you can still do despite your impairment(s), the lack of a medical

Borst v. Chevron Corp.

Court of Appeals for the Fifth Circuit · Oct 24, 1994

It has been carried over into the present Internal Revenue Code.18 18 26 U.S.C. § 401(a)(2) establishes that a trust may be qualified 19 Plaintiffs contend … Instead, it offered employers the ability, if desired, to establish a qualified pension plan in which the employer, upon final termination, received the surplus assets.

Fredrick Norwood v. City of Mendenhall, MS

630 F. App'x 245 · Court of Appeals for the Fifth Circuit · Nov 6, 2015

immunity claim, and the district court should have allowed Plaintiffs to depose Barlow on information relevant to their fraudulent concealment argument. … “We review a district court’s discovery decisions for abuse of discretion and will affirm such decisions unless they are arbitrary or clearly unreasonable.” Moore v. Willis Indep. Sch.

25 Fair empl.prac.cas. 653, 25 Empl. Prac. Dec. P 31,614, 7 Fed. R. Evid. Serv. 1578 Bobby L. Branch v. Phillips Petroleum Company v. Equal Employment Opportunity Commission, Movant-Appellant

638 F.2d 873 · Court of Appeals for the Fifth Circuit · Mar 5, 1981

Thus, it asserts no privilege to immunize it from discovery and informs the court that it has notified counsel for Phillips of its willingness to disclose it. … The "agency should be given the opportunity, by means of detailed affidavits or oral testimony, to establish to the satisfaction of the District Court that the documents sought fall clearly beyond the range of material" to

Bickham Lincoln-Mer v. United States

Court of Appeals for the Fifth Circuit · Feb 26, 1999

The district court was not clearly erroneous in determining that civil penalties were not prohibited by the plea agreement. … However, the plea agreement does not state that Bickham is immune from civil liability pursuant to Section 6721. In fact, there is no mention of civil liability in the plea agreement.