Case law

Louisiana Power & Light Company v. Federal Power Commission

483 F.2d 623 · Court of Appeals for the Fifth Circuit · Sep 5, 1973

These facts amply establish that the Purple System is an integrated pipeline facility with many connections and exchanges of gas with interstate facilities. … On the contrary, we feel the evidence clearly establishes that this Purple System is part of an integrated pipeline network involving significant transportation of interstate volumes.

United States v. Anthony J. Vesich, Jr.

724 F.2d 451 · Court of Appeals for the Fifth Circuit · Feb 15, 1984

While pendency is clearly a requirement of the statute, we have not had occasion to determine when a judicial proceeding is “pending” for purposes of the “due administration” clause of section 1503. … The witness apparently appeared before the grand jury but refused to testify, whereupon a Petition for Immunity was filed and granted. Walasek at 678 . 3 . In United States v.

United States v. Batson

706 F.2d 657 · Court of Appeals for the Fifth Circuit · Jun 9, 1983

As a result, they “did not qualify as a separate person for limitation purposes (i.e., were not eligible for any program payments).” … Clearly, the applicable statute of limitations is section 714b(c), as the district court found. See note 21, supra.

University of Texas System Ex Rel. University of Texas Medical Foundation v. United States

759 F.3d 437 · Court of Appeals for the Fifth Circuit · Jul 16, 2014

It states that the Social Security Administrator and the State of Texas “hereby agree . . . to extend . . . the insurance system established by title II of the Social Security Act” to the employees performing those services … At the time when the student exclusion was added to Texas’s § 418 agreement in 1999, the SSA clearly disclosed its understanding that medical residents did not fall within the meaning of the term “student” as that term is

Doe ex rel. Doe v. Beaumont Independent School District

173 F.3d 274 · Court of Appeals for the Fifth Circuit · Apr 16, 1999

BISD fails to include lay professionals, who are arguably well qualified to mentor students in this regard. … No party has made such an assertion and such a conclusion is clearly contrary to the record.

Bank of Louisiana v. Aetna US Hlthcare

459 F.3d 610 · Court of Appeals for the Fifth Circuit · Oct 25, 2006

For a defendant to obtain summary judgment on an affirmative defense, it must establish beyond dispute all of the defense’s essential elements. Id. … The Supreme Court has “observed repeatedly that this broadly worded provision is ‘clearly expansive.’ ” Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141, 146 (2001) (quoting N.Y.

United States v. Cisneros-Gutierrez

517 F.3d 751 · Court of Appeals for the Fifth Circuit · Feb 13, 2008

shows that it is clearly probable that the weapons were connected . . . with the offense.” … Nor can we say that this finding is clearly erroneous.

Adams & Associates, Inc. v. National Labor Relations Board

871 F.3d 358 · Court of Appeals for the Fifth Circuit · Sep 15, 2017

In filling RA positions, Adams was required to follow Executive Order 13495 Non-Displacement of Qualified Workers under Service Contracts (“EO 13495”). … Further, it determined that Adams had not clearly announced its intent to establish new employment terms prior to or simultaneously with the February 13 meeting.

Manning v. Harrison County TX

Court of Appeals for the Fifth Circuit · Jun 10, 1999

They asserted that the individual officers were entitled to qualified immunity, and claimed that Harrison County has no policy, custom or practice of violating the rights of its citizens. … To establish t hat the defendants are not entitled to qualified immunity, Manning must show (1) that she has asserted a violation of a constitutional right; (2) that this right was clearly established; and (3) that the

LTV Education Systems, Inc. v. Bell

862 F.2d 1168 · Court of Appeals for the Fifth Circuit · Jan 12, 1989

LTV Education Systems, Inc., established in 1969 as a subsidiary of LTV, acquired 43 trade and business schools in ten states. … It argues, nevertheless, that it should receive the benefits of that settlement and therefore be immune from this suit because it made a joint settlement proposal with TBT, participated in the negotiations, and obtained an

Sidna B. Gee v. Anthony Principi, Secretary, Department of Veterans Affairs

289 F.3d 342 · Court of Appeals for the Fifth Circuit · Apr 18, 2002

, she must also establish that the Defendant retaliated against her." … Thus, he decided that Gee was not the most qualified candidate for a position which apparently placed a premium on daily interaction with other employees.

United States v. The Composite State Board of Medical Examiners, State of Georgia

656 F.2d 131 · Court of Appeals for the Fifth Circuit · Sep 14, 1981

In 1972 Congress established the National Health Service Corps [NHSC] for the primary purpose of alleviating severe inadequacies in the availability of professional health services in specific areas of the country. … An examination of the facts of this case clearly demonstrates that the action of the district court cannot be justified on this ground, and the State does not urge otherwise. .

Hopwood v. State of Tex.

78 F.3d 932 · Court of Appeals for the Fifth Circuit · Mar 19, 1996

The rights established are personal rights.” Shelley v. … The interest in increasing the diversity of broadcast viewpoints is clearly not a compelling interest.

Lacy v. Mosley

Court of Appeals for the Fifth Circuit · Apr 4, 2002

immunity. … Thus, the defendants were entitled to qualified immunity. Anderson v. Creighton, 483 U.S. 635, 639 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 819 (1982).

Stamps v. Collagen Corp.

Court of Appeals for the Fifth Circuit · Feb 19, 1993

The FDA refers each applica- tion to a panel of qualified experts that prepares a report and recommendation. … DM/PM is a relatively rare autoimmune disease in which an individual's immune system identi- fies one's own skin and muscle tissue as foreign and attacks them.

Slaughter v. Epps

326 F. App'x 731 · Court of Appeals for the Fifth Circuit · May 1, 2009

“A state court’s decision constitutes an unreasonable application of clearly established federal law if it is objectively unreasonable.” Id. … established federal law.

Bigelow v. United Hlthcare

Court of Appeals for the Fifth Circuit · Jul 19, 2000

As will be discussed more fully in the analysis section of this opinion, Bigelow clearly is not entitled to relief under ERISA and COBRA as those statutes are wholly inapplicable to government-sponsored health plans. … its COBRA provisions apply to government- sponsored health plans.9 The rules for the provision of continuation coverage under government-sponsored health plans are instead established

Marfil v. City of New Braunfels, Texas

Court of Appeals for the Fifth Circuit · Jun 18, 2026

Under this Court’s precedent, the right to lease is not absolute and does not establish a vested property interest. … “The ordinance will violate substantive due process only if it is clearly arbitrary and unreasonable.” Id. (citation omitted) (em- phasis omitted).

Liberty Mutual Fire Ins v. Copart of CT

75 F.4th 522 · Court of Appeals for the Fifth Circuit · Jul 31, 2023

Copart contends that this paragraph “alleges water as a cause of damage, clearly triggering Liberty Mutual’s duty to defend.” … But Laguarta’s holding is more qualified than Copart implies.

Erica Moore v. University of Mississippi

Court of Appeals for the Fifth Circuit · Mar 8, 2018

To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show four things: (1) that she is a member of a protected class; (2) that she was qualified for the position at issue; (3) that she … waived only to the limit of liability established by the insurance or self-insurance program.”