Case law

Joseph Thomas v. Phil Bryant

Court of Appeals for the Fifth Circuit · Mar 25, 2019

It concluded that the threshold Gingles factors for establishing vote dilution existed. … That is because Defendants can establish irreparable harm.

Gic Services, L.L.C. v. Freightplus USA, Incorpora

Court of Appeals for the Fifth Circuit · Aug 15, 2017

We conclude that Freightplus qualifies as an NVOCC because it shares those characteristics typically associated with an NVOCC. … Under this well- established principle, IMC obtained a maritime lien against the REBEL in rem.

Davis v. East Baton Rouge Parish School Board

78 F.3d 920 · Court of Appeals for the Fifth Circuit · Mar 15, 1996

The court concluded, however, that “[t]he necessity for the [February 6th] order clearly outweighs the ‘amorphous “hope to hear”’ rights of the news media.” … This order clearly constitutes a prior restraint on the speech of the Board members, attorneys, and employees to which it applies.

Wightman v. Ameritas Life Ins

Court of Appeals for the Fifth Circuit · Jun 12, 2026

Thus, whether Ameritas is liable to the Wightmans under the PPO Act turns, in part, on the threshold question of whether dental services qualify as healthcare under the Act. C. … “As a well-established general rule, this court will not reach the merits of an issue not considered by the district court.” PHH Mortg. Corp. v. Old Republic Nat’l Title Ins.

Montgomery v. Delta Air Lines

Court of Appeals for the Fifth Circuit · Mar 8, 2023

First, the district court stated that the Deregulation Act preempted Appellants’ breach-of-contract claims, and that they failed to establish that they qualified for the Wolens exception.5 Second, it explained that … Here, Appellants do not qualify for the Wolens exception because they have not established that Delta violated a “self-imposed obligation.”

Crawford v. Perkins

Court of Appeals for the Fifth Circuit · Mar 20, 2026

Appellant finally filed a motion for partial summary judgment on the issue of Defendant Sim’s qualified immunity. Defendant Sims filed a cross-motion for summary judgment on all remaining claims against him. … “[B]ias by an adjudicator is not lightly established.” Valley v. Rapides Par. Sch. Bd., 118 F.3d 1047, 1052 (5th Cir. 1997).

Yoder Brothers, Inc., Plaintiff-Appellant-Cross v. California-Florida Plant Corporation, Defendants-Appellees-Crossappellants. California-Florida Plant Corporation, Plaintiffs-Appellees-Crossappellants v. Yoder Brothers, Inc., Defendant-Appellant-Cross

537 F.2d 1347 · Court of Appeals for the Fifth Circuit · Sep 7, 1976

They entered the marked in 1957, at a time when Yoder was clearly the largest of the propagator-distributors. … We have decided that it failed to meet that burden and thereby to qualify itself for the pre-existing cost plus contract exception.

Daves v. Dallas County

64 F.4th 616 · Court of Appeals for the Fifth Circuit · Mar 31, 2023

The district court deduced, “for an alternative mechanism to press federal claims in state court to qualify as adequate, it must be timely.” (emphasis original). … It is a categorical statement, not qualified by earlier detailed factual background.

Folks v. Kirby Forest Industries Inc.

10 F.3d 1173 · Court of Appeals for the Fifth Circuit · Jan 11, 1994

At trial Knight was granted an instructed verdict, because it was statutorily immune as Folks’ employer. 2 A take-nothing judgment was entered in favor of Hood and Knight. … Beall, Inmon, and Graham all clearly dealt with sales of realty. While Devers involved personal property, the defendant remained in possession of the personalty at the time of the plaintiff’s injury.

Loyd Sorrow v. Bryan Collier, Exct Dir TDCJ

Court of Appeals for the Fifth Circuit · Sep 6, 2019

While Sorrow challenges the district court’s denial of his motion for leave to amend his pleadings, his conclusional assertions on this issue fail to establish that the district court abused its discretion by determining … Additionally, Sorrow fails to demonstrate that the district court’s stay of discovery in light of the assertions of the qualified immunity defense was an abuse of discretion. See Backe v.

Phillip Haskett v. T.S. Dudley Land Company, Inc.

648 F. App'x 492 · Court of Appeals for the Fifth Circuit · May 20, 2016

App’x 988, 990 (5th Cir. 2006) (unpublished) (“[M]ere compliance with Rule 8 does not itself immunize the complaint against a motion to dismiss.”). 16 Wooten v. … We therefore do not accept as true all allegations in the agents’ affidavits[.] 19 The same logic straightforwardly applies here. 20 Haskett clearly did not adopt TSD’s allegations to the EEOC as his own for

Harris v. Brazos County

Court of Appeals for the Fifth Circuit · Jun 28, 2001

immunity. … Because Harris has not established that a city official or employee violated her constitutional rights, she has failed to establish that the City of Lacy Lakeview is liable for an alleged constitution violation or for a

Oscar Turner v. W. J. Estelle, Jr., Director, Texas Department of Corrections

515 F.2d 853 · Court of Appeals for the Fifth Circuit · Jul 9, 1975

Because Turner was convicted by a death-qualified jury, however, the Supreme Court reversed the judgment of conviction “insofar as it imposes the death sentence,” relying on Witherspoon v. … Here the delay was substantial — clearly sufficient to require that we look further. We note, however, that by itself the length of the delay cannot justify overturning the conviction.

Virgie Lee Valley v. Rapides Parish School Board

646 F.2d 925 · Court of Appeals for the Fifth Circuit · May 18, 1981

We agree that the comment, taken in its absolute context, is clearly erroneous. … Clearly, the appellants were not entitled to intervene as a matter of right. In United States v.

Odes Ho Kim v. Dome Entertainment Center, Inc.

748 F.3d 647 · Court of Appeals for the Fifth Circuit · Apr 9, 2014

The Texas Constitution and the Texas Property Code protect property that qualifies as a homestead from “forced sale[] for the payment of all debts,” with enumerated exceptions such as a purchase money lien, property taxes … made within 1,215 before she filed for bankruptcy.50 The question was whether a $146,450 cap51 on state-law homestead exemptions under 11 U.S.C. § 522(p)(1) applied.52 We held in Rogers that “a homestead interest established

United States v. Jesus Juarez-Gonzalez

451 F. App'x 387 · Court of Appeals for the Fifth Circuit · Nov 14, 2011

If a factual finding is plausible in light of the record as a whole, it is not clearly erroneous. Huerta, 182 F.3d at 364. … Further, Juarez asserts that the state court documents in the record fail to establish any of the convictions in the record as a conviction qualifying as an aggravated felony.

Tillman v. Southern Wood Preserving of Hattiesburg, Inc.

250 F. App'x 622 · Court of Appeals for the Fifth Circuit · Oct 12, 2007

To establish his prima facie case of a failure to promote, Tillman must show that he was a member of a protected group, was qualified for his position, and suffered an adverse employment action. Mason v. … better qualified than the person 4  No. 07-60325 selected for the position.

City of Dallas, Texas v. Federal Communications Commission and United States of America, City of Dallas, Texas v. Federal Communications Commission and United States of America, National Cable Television Association, Inc. v. Federal Communications Commission and United States of America, Bellsouth Telecommunications, Inc. v. Federal Communications Commission and United States of America, United States Conference of Mayors and National Association of Telecommunications Officers and Advisors v. Federal Communications Commission and United States of America

165 F.3d 341 · Court of Appeals for the Fifth Circuit · May 28, 1999

H.R. 4103 establishes a national policy that clarifies the current system of local, state, and Federal regulation of cable television. … a broad reading of preemptive authority, as does Gregory, 501 U.S. at 460 , 111 S.Ct. 2395 (opining that courts must "assume Congress does not exercise [the power to preempt] lightly" and must require Congress to state clearly

Liberty Mutual Insurance Co. v. USA by Lamesa Nati

Court of Appeals for the Fifth Circuit · Aug 21, 2013

This provision establishes the only limitations period applicable to Lamesa’s claim. … For the same reasons that expert testimony was not needed in this case to establish whether the Trustee’s conduct deviated from the standard of care, such testimony was not required to establish that the Trustee’s misconduct

Sutton v. United States

157 F.2d 661 · Court of Appeals for the Fifth Circuit · Aug 28, 1946

It further held that every ingredient of which the offense is composed must be clearly and accurately alleged. … S. 606 , at pages 609, 610, 18 S.Ct. 774 , at page 775, 42 L.Ed. 1162 , the court said: "We have no disposition to qualify what has already been frequently decided by this court, that where the crime is a statutory one it