Case law

Fowler v. Carrollton Public Library

799 F.2d 976 · Court of Appeals for the Fifth Circuit · Sep 12, 1986

The ping pong proof burdens in a discrimination case were established by the Supreme Court in McDonnell Douglas Corp. v. … A prima facie case under the Age Discrimination in Employment Act, which was established here, consists in the employee’s proving he is within the protected class, was qualified for the position he held, was discharged and

Cheyne Parham v. Hillary Clinton

374 F. App'x 503 · Court of Appeals for the Fifth Circuit · Mar 18, 2010

Supp. 1162, 1165 n.3 (D.D.C. 1988) (citing Rusk for the proposition that "[p]ersons outside the United States may sue under § 1503(a) to establish United States citizenship"). … Mooty may have made expressing doubt in the twins' familial relationship with Captain Parham clearly fell within her scope of employment. 6

Jack Austin, D/B/A Jack Austin & Associates, Cross v. North American Forest Products, Cross-Appellants, and Glassow Sales Co., Cross-Appellant and Cross-Appellee v. Lifetime Doors, Inc., Cross-Appellee and Cross-Appellant

656 F.2d 1076 · Court of Appeals for the Fifth Circuit · Sep 21, 1981

Here, as elsewhere, important constitutional questions prove themselves immune to solution by checklist, and each case must be decided on its own facts." Product Promotions, 495 F.2d at 499 . … This particular finding of fact is clearly erroneous.

Chancey v. BASF

Court of Appeals for the Fifth Circuit · Oct 10, 2023

To state a claim for employment discrimination under the “regarded as” prong of the ADA, Chancey must establish that he was “subjected to an action prohibited under [the ADA] because of an actual or perceived physical … Co., 941 F.3d 331, 336 (7th Cir. 2019) (holding that the “fear” of developing an ADA-qualifying condition based on an underlying condition was insufficient); Equal Emp. Opportunity Comm’n v.

Nielsen v. U.S.

Court of Appeals for the Fifth Circuit · Nov 3, 1992

The trial court's factual findings were not clearly erroneous. … Certainly, the trial court did not commit legal error in utilizing such testimony to establish intent.

Enplanar, Inc. v. Marsh

11 F.3d 1284 · Court of Appeals for the Fifth Circuit · Jan 19, 1994

Allegedly, these actions qualify them to be considered as prevailing parties because they "acted as a catalyst in prompting the opposing party to make amends." Ramon by Ramon v. … This Court has not addressed the effect that section 1491(a)(3) has on the injunctive immunity of the SBA, although other courts have recognized that this law abrogates the SBA's injunctive immunity in certain circumstances

United States v. Anthony Nicholas Carrion and Fred Solmor

809 F.2d 1120 · Court of Appeals for the Fifth Circuit · Mar 27, 1987

Vadino, 680 F.2d 1329, 1336 (11th Cir.1982) (counsel for two defendants, in admitting matters in ,prosecution’s opening statement, “qualified their statements as being applicable to only their respective clients”), cert. … We have no difficulty concluding that the evidence sufficiently established a continuous course of conduct.

Petrohawk Properties, L.P. v. Chesapeake Louisiana

Court of Appeals for the Fifth Circuit · Aug 23, 2012

“Fraud need only be proved by a preponderance of the evidence and may be established by circumstantial evidence.” LA. CIV. CODE ANN. art. 1957. 2. … Stockman relied on Broomfield’s misrepresentations is not clearly erroneous.

Matter of Meyerland Co.

960 F.2d 512 · Court of Appeals for the Fifth Circuit · May 13, 1992

Likewise, for the reasons stated in the majority opinion, Congress clearly has the authority to establish this special and unique removal right. … While § 1821 makes it clear that the FDIC may remove a suit after judgment, it does not clearly establish that the FDIC may remove a case which is on appeal 8 Congress enacted at least one statute authorizing post-judgment

Permian Petroleum Co. v. Petroleos Mexicanos

934 F.2d 635 · Court of Appeals for the Fifth Circuit · Jun 27, 1991

This finding and conclusion are not clearly erroneous. See Fed.R.Civ.P. 52(a). Castleberry established that the sham to perpetrate a fraud doctrine is much broader than the alter ego doctrine. … The agreement clearly allows Pemex to offset against a cash obligation.

Five Star Royalty Partners Ltd v. Jack Mauldin, Jr

973 F.3d 367 · Court of Appeals for the Fifth Circuit · Aug 31, 2020

Seeking to establish chain of title to the interest conveyed in the Deed, Five Star had submitted various property records. … That alone suggests the “agent” language would not transfer the executive right but, instead, would qualify how the grantor may exercise the right otherwise with- held to himself.

United States v. McDonald

Court of Appeals for the Fifth Circuit · Jun 15, 2023

Next, McDonald argues that the district court erred by assigning 12 of the 14 criminal history points because the 1995 offenses were too far in the past to qualify for criminal history points under U.S.S.G. § 4A1.2( … Accordingly, it is not clearly improbable that the weapon was connected to the offense. See id. The district court’s application of § 2D1.1(b)(1) was not clearly erroneous.

United States v. Bourrage

138 F.4th 327 · Court of Appeals for the Fifth Circuit · May 21, 2025

Bourrage,” and therefore, “that in and of itself establishes that the parties have standing to raise this issue before the [c]ourt.” … This information, devoid of the challenged statements, was sufficient to establish probable cause.

B. v. Harrington

Court of Appeals for the Fifth Circuit · Aug 12, 2025

I A The Medicaid Act establishes a jointly financed “cooperative federal- state program through which the federal government provides financial aid to states that furnish medical … But that was clearly not the intent of the district court, which, within the same sentence, expressly limited the number of qualifying “therapeutic interventions” to those ten enumerated components.

United States v. Clifford Grier

510 F.2d 570 · Court of Appeals for the Fifth Circuit · Mar 28, 1975

There is nothing in defendant’s December 7 letter that would clearly suggest a misunderstanding of these alternatives. … For here the registrant had clearly failed to meet the objective criteria necessary to qualify for a student deferment.

Martin Operating Partnership, L.P. v. United States

616 F. App'x 688 · Court of Appeals for the Fifth Circuit · Jun 11, 2015

The agents had failed to comply with the notice provisions of the Federal Range Code, however, so they were clearly acting entirely outside their statutory authority. … At any rate, Martin cannot use § 1224 to establish a duty to either grant or object to its plans within a certain amount of time.

Moreno v. Weslaco Indep Sch

68 F.3d 470 · Court of Appeals for the Fifth Circuit · Sep 18, 1995

The district court also concluded that it was not required to determine the issue of the school district's liability or the issue of qualified immunity because Moreno failed to state a constitutional violation. … Moreno did not allege facts that would establish that Dufner treated Hispanic teachers differently because of their national origin.

Canfield v. Orso

283 F.3d 686 · Court of Appeals for the Fifth Circuit · Feb 25, 2002

If the assignee uses a qualified annuity to fund the periodic payments, the basis of such asset shall be reduced by the amount initially excluded from gross income by reason of the purchase of such asset, and any gain recognized … Because they are proceeds of annuity contracts, the payments to Orso are exempt from his bankruptcy estate under clearly established Louisiana law extant on the day that his petition in bankruptcy

United States v. Palazzo

372 F. App'x 445 · Court of Appeals for the Fifth Circuit · Mar 23, 2010

Palazzo argues that the court’s determination was clearly erroneous for several reasons. … The district court therefore did not clearly err in calculating this part of the loss amount.

Westchester Media Co v. PRL USA Holdings In

214 F.3d 658 · Court of Appeals for the Fifth Circuit · Jun 27, 2000

An innocent intent in adopting a mark does not immunize an intent to confuse in the actual use of the mark. … The trial court ruled that Westchester established none of these elements.