Case law

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

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 .

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.

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.

Henderson v. Stalder

287 F.3d 374 · Court of Appeals for the Fifth Circuit · Apr 4, 2002

E. (1) A Choose Life Advisory Council, hereinafter referred to as the “Council”, shall be established to design and review grant applications for qualifying organizations, and shall make recommendations regarding … Clearly if the decision to authorize specialty plates were being made by a government official or commission under authority delegated by the legislature, the actions of the official or commission

United States v. Eric Lopez-Cano

516 F. App'x 350 · Court of Appeals for the Fifth Circuit · Mar 12, 2013

Accordingly, for the conviction to qualify as a drug trafficking offense, the government must establish that the substance the defendant was convicted of possessing for sale in the underlying California offense is covered … On remand, the district court may allow the government to supplement the record with the information or other Shepard-approved documents to establish whether the defendant’s prior offense qualifies for the enhancement for

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.

Trinity Marine Products, Inc. v. Chao

512 F.3d 198 · Court of Appeals for the Fifth Circuit · Dec 26, 2007

No previous appellate decision has established any law for this case. … In re Establishment Inspection of Skil Corp., 846 F.2d 1127, 1132 (7th Cir. 1988).

Michael King, Jr. v. Bluecross Blueshield of Al, E

439 F. App'x 386 · Court of Appeals for the Fifth Circuit · Aug 30, 2011

Because our precedents clearly answer that question in the affirmative, we AFFIRM. * Pursuant to 5TH CIR. … This is because ERISA requires that “[e]very employee benefit plan shall be established and maintained pursuant to a written instrument.” 29 U.S.C. § 1102(a)(1); see also Degan v.

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

Shop Rite v. SBA

Court of Appeals for the Fifth Circuit · Nov 14, 2025

To qualify for Section 7(a) loan eligibility, a business must fall within the annual revenue limits or maximum employment values the SBA has established for each NAICS code. See id. … As detailed earlier in this subsection A, both the CARES Act, itself, and the aforementioned IFRs published alongside it clearly establish that typical requirements pertaining to Section 7(a) loan eligibility apply to PPP

Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.

73 F.3d 546 · Court of Appeals for the Fifth Circuit · Jan 11, 1996

"Fairly Traceable" Cedar Point further argues that, even if the affidavits submitted by Sierra Club do establish an injury, they do not establish that the injury is fairly traceable to Cedar Point's discharge of … This 26 intent is clearly established by the inclusion of particular dates in the statute, as explained by the legislative history.

Kelly v. Cockrell

72 F. App'x 67 · Court of Appeals for the Fifth Circuit · Jul 17, 2003

Likewise, Beverly Stemen, 16 in a deposition conducted on September 10, 2001, contradicted her affidavit by testifying that “I remember [Cynthia] saying very clearly on that point, very clearly that in [Cynthia’s] dream she … Moreover, as set forth previously, in a 2001 deposition, Cynthia’s sister Beverly contradicted her previous affidavit by testifying that “I remember [Cynthia] saying very clearly on that point, very clearly that in [Cynthia

Bruce Fulmer v. Scott Klein

Court of Appeals for the Fifth Circuit · Jul 9, 2013

ERISA requires every employee benefit plan, including EIAPs, to be “established and maintained pursuant to a written instrument.” 29 U.S.C. § 1102(a)(1). … Clearly Kopp alleged sufficient facts that if proven would demonstrate the Idearc Defendants had reason to be concerned about Idearc’s future financial performance.

Abbott v. Biden

70 F.4th 817 · Court of Appeals for the Fifth Circuit · Jun 12, 2023

He left undisturbed “[o]ther standing Departmental policies, procedures, and processes regarding immunizations.” Ibid. … A standing army may be perpetually established in their stead.

Gertrude Baumgart v. Fairchild Aircraft Corporation and Swearingen Aviation Corporation

981 F.2d 824 · Court of Appeals for the Fifth Circuit · Jan 22, 1993

Title 28 U.S.C. § 157 (b)(5) is part of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (“the Act”), which statute “[established a new system of jurisdiction, necessitated by the Supreme Court’s ruling in Northern … This argument is flawed, first, because § 157(b)(5) clearly confers enlarged powers upon the bankruptcy district court to fix venue, with no apparent intent to diminish venue powers already held by the court; and second,

SEC v. World Tree

43 F.4th 448 · Court of Appeals for the Fifth Circuit · Aug 4, 2022

However, it is well settled that “scienter may be established by circumstantial evidence.” SEC v. Fox, 855 F.2d 247, 253 (5th Cir. 1988) (first citing Dirks v. … The only qualifier to this language 12 came in August 2015—after Schwab began its investigation.

United States v. Powell

124 F.3d 655 · Court of Appeals for the Fifth Circuit · Sep 24, 1997

Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each … Under this standard, we cannot say that the judgment of the district court was clearly erroneous.

National Oilwell Varco v. Auto-Dril

68 F.4th 206 · Court of Appeals for the Fifth Circuit · May 12, 2023

“To establish fraud on the court, ‘it is necessary to show an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’” First Nat’l Bank of Louisville v. … As we explained in Rozier, “only the most egregious misconduct” qualifies as a fraud on the court. 573 F.2d at 1338 (quoting Int’l Tel. & Tel. Corp., 349 F. Supp. at 29).

United States v. Barlow

Court of Appeals for the Fifth Circuit · Dec 20, 1994

During that trial, Cynthia testified for the prosecution in exchange for the government's grant of immunity. … The record does not reflect that this factual finding was clearly erroneous. 25