Case law

Kane v. County of Hardeman

Court of Appeals for the Fifth Circuit · May 18, 2001

The appellants argue that Akers is not entitled to qualified immunity because his actions were objectively unreasonable in light of his knowledge of Carter’s mental instability and his awareness of the risks from the … in light of the clearly established law at the time of Carter’s suicide.

William Baker v. Dean Bell

630 F.2d 1046 · Court of Appeals for the Fifth Circuit · Nov 17, 1980

Each federal department and agency empowered to provide federal assistance was ordered to issue regulations to implement Section 504 consistent with standards to be established by HEW. … While the issue was sufficiently presented to be preserved, it lurked partially submerged and was expressed clearly before us in a brief amicus curiae by the National Center For Law and the Handicapped, Inc.

Wilkens v. Johnson

238 F.3d 328 · Court of Appeals for the Fifth Circuit · Jan 4, 2001

If the faxed copy did not qualify, then (1) the 15 Absence of prejudice is the only substantive requirement for the district court to have authority to grant a reopening order. … Such an order differs from an extension order under section (5), which requires the movant to demonstrate either good cause or excusable neglect —— standards clearly more onerous than absence of prejudice and just as clearly

United States v. Alvaro Mejia-Aguilar

575 F. App'x 233 · Court of Appeals for the Fifth Circuit · Jul 8, 2014

. § 2L1.2 cmt. n. 5 explaining that [qualifying offenses include the inchoate offenses of aiding and abetting, conspiracy, and attempt] is not an exhaustive list . . . … the commission of a felony or misdemeanor, . . . commands, encourages, requests or solicits another person to engage in specific conduct which would constitute the felony or misdemeanor or which would establish

James v. Clement

223 F. 385 · Court of Appeals for the Fifth Circuit · May 25, 1915

A. 640 ), and to clearly understand the pres *386 ent aspect it is well to restate from our former opinion what was heretofore decided and to a certain extent became the law of the case, as follows: , “Pardee, Circuit Judge … It would have to be substantiated and established, not only that Mr.

United States v. John O. Green A/K/A John O. Hornung

882 F.2d 999 · Court of Appeals for the Fifth Circuit · Oct 11, 1989

The district court’s factual findings as to Hughes’ actions must be upheld unless they are clearly erroneous. See United States v. Rusmisel, 716 F.2d 301 (5th Cir.1983); Washington v. … We have followed Timmreck in several of our subsequent cases, holding that in order for a defendant challenging his sentence pursuant to § 2255 to qualify for relief he must show prejudice. United States v.

United States v. Melba Asset, Deceased, Garland Jarvis, of the Estate of Deceased Melba Asset

990 F.2d 208 · Court of Appeals for the Fifth Circuit · Apr 27, 1993

ANALYSIS It is well established in this circuit that the death of a criminal defendant pending an appeal of his or her case abates, ab initio, the entire criminal proceeding. See United States v. … "A finding of fact is not clearly erroneous if it is plausible in light of the record viewed in its entirety.” United States v.

United States v. Robert Triplett, Jr.

Court of Appeals for the Fifth Circuit · Jun 15, 2012

Such a finding will not be set aside unless clearly erroneous. United States v. Looney, 532 F.3d 392, 395 (5th Cir. 2008). … This is so because magistrates are considered more qualified than law enforcement in making that assessment. Id.

Fed. Sec. L. Rep. P 94,019 Mary Margaret Ward, Cross-Appellants v. Succession of Richard W. Freeman, Cross-Appellees

854 F.2d 780 · Court of Appeals for the Fifth Circuit · Sep 15, 1988

Garner clearly requires more. … We need only determine whether some of the charges fail to qualify as violations of Rule 10b-5.

United States v. Paul Arlin Jensen

41 F.3d 946 · Court of Appeals for the Fifth Circuit · Jan 24, 1995

The personnel would use false tax returns to insure the borrowers would qualify for the loans. The borrowers would receive “rebates” or “kickbacks” at closing. … the defendant can establish reversible error under general principles of joinder and severance.” 17 F.3d at 762 .

Anh Cao v. Federal Election Commission

619 F.3d 410 · Court of Appeals for the Fifth Circuit · Sep 10, 2010

The record clearly presents a narrower controversy' — timing-only coordination. … leaders from exercising any degree of control over their party’s advertisements in support of a candidate. 21 Because party *449 leaders inevitably associate with candidates, to avoid the taint of coordination parties must establish

In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. Rash

90 F.3d 1036 · Court of Appeals for the Fifth Circuit · Jul 30, 1996

Thus, “such creditor’s interest in the estate’s interest in” qualifies the object “such property.” As explained above, that qualifier determines the portion of “such property” covered by the security interest. … replacement valuation only by drafting text that “clearly compel[s]” that result.

In Re Asbestos Litigation

90 F.3d 963 · Court of Appeals for the Fifth Circuit · Jul 26, 1996

This finding has strong support in the record and is not clearly erroneous. … We have already concluded that the Global Health Claimant Class was adequately represented by qualified attorneys.

United States v. Hall

134 F.4th 782 · Court of Appeals for the Fifth Circuit · Apr 15, 2025

A jury instruction is not an abuse of discretion if it “is a correct statement of the law” and “clearly instructs jurors as to the principles of law applicable to the factual issues confronting them.” Id. … In Darden, the Supreme Court “adopt[ed] a common-law test for determining who qualifies as an ‘employee’ under ERISA.” 503 U.S. at 323.

Lutz v. Mario Sinacola & Sons

Court of Appeals for the Fifth Circuit · Nov 15, 2024

Plaintiffs may demonstrate pretext by providing evidence showing that they were “clearly better qualified” than the chosen employees. EEOC v. La. Off. of Cmty. … qualified” than other MSSE employees.

United States v. Ford

509 F.3d 714 · Court of Appeals for the Fifth Circuit · Dec 11, 2007

We hold that the conviction in this case for “possession with intent to deliver” under this Texas statute qualifies as a “controlled substance offense.” … Thus, the majority disregards Gonzales and an established line of precedent under which we are required to assume that the conviction was necessarily established under only the least culpable of the disjunctive possibilities

Payne v. Speer

Court of Appeals for the Fifth Circuit · Mar 24, 2004

Defendants filed a motion for summary judgment asserting qualified immunity. … For the reasons stated above, we REVERSE the district court's order denying qualified immunity to Scott, Peterson, Godwin, Staples, Boothe, Jansa and Bailey. 3

Desmond Parker v. Marlin Gusman

Court of Appeals for the Fifth Circuit · Nov 19, 2020

Richardson, 738 F.3d 651, 659 (5th Cir. 2013) (stating the unnecessary length of a search “gives us pause,” but was not “clearly unlawful” for qualified immunity purposes) … Facility Auth., 771 F.3d 201, 207 (4th Cir. 2014) (officers entitled to qualified immunity from Fourth Amendment claim when inmates were searched in a private room with one officer of the same sex and the officer

Traci Roberts v. Unitrin Specialty Lines Ins, et a

405 F. App'x 874 · Court of Appeals for the Fifth Circuit · Dec 21, 2010

To establish a prima facie case of discrimination under the ADA, a plaintiff must establish the following: (1) she suffers from a disability; (2) she is qualified for the job despite the disability; (3) she was subjected … We will affirm such decisions unless they are arbitrary or clearly unreasonable.” (internal quotation marks and footnote omitted)).

U.S. Fidelity & Guar. Co. v. Wigginton

Court of Appeals for the Fifth Circuit · Jun 16, 1992

Constitutional immunity has no application to a private examination arising out of a contractual relationship. … To bring a case within the constitutional immunity, it must appear that compulsion was sought under public process of some kind.