Case law

Winstead v. Georgia Gulf Corp.

77 F. App'x 267 · Court of Appeals for the Fifth Circuit · Oct 9, 2003

A four-year delay would have clearly prejudiced the ability of the Georgia Gulf defendants to defend themselves as relevant witnesses may have no longer been available and memories would have inevitably faded. … Conclusion Winstead maintains in his last issue that the district court erred in the Winstead lawsuit by determining the Georgia Gulf defendants were immune from suit.

Mercy Hospital of Laredo v. Heckler

777 F.2d 1028 · Court of Appeals for the Fifth Circuit · Dec 6, 1985

In return, PTA furnishes all qualified personnel, equipment and other supplies, including substitute physical therapists when necessary, twenty-four hour on-call (for traction), all equipment acquisition, maintenance, calibration … Clearly, many circumstances could give rise to one isolated therapist’s decision to accept a position at below prevailing salary levels and within guidelines limits.

Chapman Et Ux. v. United States

194 F.2d 974 · Court of Appeals for the Fifth Circuit · Mar 8, 1952

These are: (1) that they have shown by practically undisputed, evidence specific acts of negligence on the part of agents and employees of the United States, and that the district judge’s findings to the contrary are clearly … “The records of the Army Air Force received in evidence indicate that the pilot had some 800 hours experience and was qualified to fly the type aircraft involved.

8fg v. Stepup Funny

135 F.4th 285 · Court of Appeals for the Fifth Circuit · Apr 18, 2025

although they are neither parties to the litigation nor restrained directly by the orders.” 22 And we have also found standing to intervene when a putative intervenor was “deprived of information that he [was] uniquely well-qualified … Mindful of these concerns, this court reviews a district court’s ruling on a motion to unseal for an abuse of discretion. 35 “A district court abuses its discretion if it: (1) relies on clearly erroneous factual findings;

United States v. Mark Green

455 F. App'x 469 · Court of Appeals for the Fifth Circuit · Dec 27, 2011

The testimony of Officer Silvio established that Green knowingly possessed a short-barreled shotgun at the time of his arrest, as the barrel of the shotgun was protruding from Green’s backpack. … Green argues that the district court erred in imposing a two-level enhancement pursuant to U.S.S.G. § 2B3.1(b)(3)(A) because the victim’s ringing in his ears was not qualifying a bodily injury.

Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross Hospital

591 F.2d 1164 · Court of Appeals for the Fifth Circuit · Mar 26, 1979

The Court observed that: This provision only establishes a rebut-table presumption. … (b) A list of qualified attorneys shall be prepared by the chief judge.

In the Matter of Lebaron Dennis, Debtor. Lebaron Dennis v. Audrey H. Dennis, A/K/A Joyce Dennis

25 F.3d 274 · Court of Appeals for the Fifth Circuit · Jul 13, 1994

re Nunnally, 506 F.2d at 1027 ; see also In re Jones, 9 F.3d 878, 880 (10th Cir.1993) (ruling that debt may be in the nature of alimony, maintenance, or support under federal bankruptcy law, even though it is not legally qualified … This is not only a clearly established principle in this Circuit, but no other circuit to review this issue has ever taken a contrary view.

Keenan v. Donaldson, Lufkin & Jenrette, Inc.

529 F.3d 569 · Court of Appeals for the Fifth Circuit · May 29, 2008

This was true even though Keenan also clearly was a creditor because of his loan of money to IE. … Keenan argues that the district court’s view would allow one lender immunity to say or do whatever it wanted to induce another lender to loan funds to a third party.

Bangmon v. Alexander

Court of Appeals for the Fifth Circuit · Aug 6, 2021

Dismissal Bangmon argues that the district court erred by holding, in part based on qualified immunity, that the claims against Alexander and Buentello were frivolous under Section 1915(e)(2)(B)(i). … of which was clearly unreasonable.”

Arnold v. Town of Slaughter LA

100 F. App'x 321 · Court of Appeals for the Fifth Circuit · Jun 14, 2004

The individual officers also argued that they were entitled to qualified immunity. The district court granted the motion, determining that Heck prevented Arnold from pursuing any of his claims. … If Arnold Arnold contends that Stewart attacked Arnold “for no reason whatsoever.” 7 prevails, he will have established that his criminal conviction lacks any basis.

Satterwhite v. City of Greenville

634 F.2d 231 · Court of Appeals for the Fifth Circuit · Jan 15, 1981

We also held that since it had been finally established that Mrs. … A suggestion that seems to imply that there must always be a party before the court, though clearly this is no longer certain. . 445 U.S. at 400, 100 S.Ct. at 1210. .

Miriam Danna v. Matt Purgerson

Court of Appeals for the Fifth Circuit · Jan 16, 2019

The defendants asserted qualified immunity and moved for summary judgment. The district court granted summary judgment for the defendants. … And we similarly do not reach the defendants’ qualified-immunity defense; having committed no tort, the defendants need no immunity. 9

Quintanilla v. Texas Television Inc.

139 F.3d 494 · Court of Appeals for the Fifth Circuit · Apr 17, 1998

By analogy, " 'although a novelist, playwright, or songwriter may write a work with the hope or expectation that it will be used in a motion picture, this is clearly a case of separate or independent authorship rather than … "To qualify for copyright protection, a work must be original to the author.

Perry v. Dearing (In Re Perry)

345 F.3d 303 · Court of Appeals for the Fifth Circuit · Sep 4, 2003

On April 12, 2001, the bankruptcy court issued an order holding that the 59-acre tract qualified as exempt rural homestead, and that the 26-acre tract could not qualify as a rural homestead because it had been abandoned … A finding of fact, however, may be disregarded only if it is clearly erroneous. In re Barron, 325 F.3d 690, 692 (5th Cir. 2003).

Valdez v. San Antonio Chamber of Commerce

Court of Appeals for the Fifth Circuit · Sep 25, 1992

That contention conflicts with the clearly established rule that plaintiffs are not entitled to a jury trial when they are seeking only equitable relief under Title VII and, as such, we reject it. See Great Am. Fed. … In the present case, Valdez established a prima facie case of discrimination.

United States v. Stephen F. Ellender, Jim Swope, Roger Dale Collins, and Jim Bourgeois, United States of America v. Carl Tangredi

947 F.2d 748 · Court of Appeals for the Fifth Circuit · Nov 12, 1991

This letter qualifies as impeachment material and therefore Brady required the government to disclose it to Swope. … Ellen-der never conclusively established that he had already been convicted for these smuggling operations and the prosecutor’s argument clearly refers to his 1982 Alabama conviction, which he admits he introduced into evidence

Equal Employment Opportunity Commission v. Kimbrough Investment Co.

703 F.2d 98 · Court of Appeals for the Fifth Circuit · Feb 11, 1983

In this comment, he was clearly erroneous. 11 Indeed at oral ar *106 gument the employer conceded that the EEOC had established a prima facie case of discrimination based on the hotel’s maintenance of predominantly black … The testimony is sufficient to establish a prima facie case of racial discrimination.

Duran v. Schlumberger Technol

87 F.3d 1313 · Court of Appeals for the Fifth Circuit · Feb 26, 1996

A discharged employee establishes a prima facie case of employment discrimination by demonstrating that (1) he was qualified for the position, (2) he was discharged, (3) he was within the protected class, and … However, mere conclusory allegations will not establish competent summary judgment evidence. Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), cert. denied, 506 U.S. 825, 113 S. Ct. 82, 121 L. Ed. 2d 46 (1992).

Szwak v. Earwood (In Re Bodenheimer, Jones, Szwak, & Winchell L.L.P.)

592 F.3d 664 · Court of Appeals for the Fifth Circuit · Dec 29, 2009

June 29, 2005). 30 258 F.3d 385, 387 (5th Cir. 2001) ("In order to qualify as an 'actual and necessary cost' under section 503(b)(1)(A), a claim against the estate must . . . … In conclusion, the language of § 543 clearly circumscribes the actions of superseded custodians to those which are necessary to preserve the assets of the 40 See Randolph & Randolph, 190 U.S. at 535-

Humphrey v. LA St Penitentiary

Court of Appeals for the Fifth Circuit · Jan 11, 2002

The defendants appeal the district court’s denial of their motion to dismiss based on qualified and Eleventh Amendment immunity. 1 Pursuant to 5TH CIR. … We VACATE the district court’s denial of the defendants’ motion to dismiss based on qualified immunity.