Case law

Olivia Kneeland v. Nancy Berryhill, Acting Cmsnr

850 F.3d 749 · Court of Appeals for the Fifth Circuit · Mar 8, 2017

Bernauer’s opinion, and by failing to establish “good cause” for rejecting his opinion. … Bernauer’s status should be clearly determined so that his opinion can be appropriately weighed. 51 Greenspan v. Shalala, 38 F.3d 232, 237 (5th Cir. 1994) (quoting Scott v.

United Natural Foods v. NLRB

66 F.4th 536 · Court of Appeals for the Fifth Circuit · Apr 24, 2023

Accordingly, the Board’s order qualifies as “a final order of the Board” under Shell Chemical. Cf. U.S. Army Corps of Eng’rs v. … At the very least, this means clearly identifying a theory as a proposed basis for deciding the case—merely ‘intimating’ an argument is not the same as ‘pressing’ it.” (cleaned up)).

David Peterson v. Bell Helicopter Textron, Inc.

807 F.3d 650 · Court of Appeals for the Fifth Circuit · Nov 18, 2015

Hobby, 506 U.S. 103, 111 (1992) (to qualify as a prevailing party, “[t]he plaintiff must obtain an enforceable judgment . . . or comparable relief through a consent decree or settlement”). … For example, should the employer be required to establish formal promotion procedures? If so, are the employer’s procedures proper?

United States v. Howe

Court of Appeals for the Fifth Circuit · Sep 16, 2025

He also asserts that neither offense qualifies as a “forcible sex offense” under § 4B1.2(e)(1). … However, even if Howe is arguably able to establish error, he is unable to establish that it affected his substantial rights unless he also prevails on the first issue of whether the district court erred by applying a 5-level

United States v. Marek

238 F.3d 310 · Court of Appeals for the Fifth Circuit · Dec 15, 1999

The issue here is whether the use of Western Union’s facilities by one party to transfer funds to another party in the same state qualifies as the use of a “facility in interstate commerce” as required by § 1958(a). … The Eighth Circuit held that federal jurisdiction was established under the Travel Act by proof that the defendant had caused the arrestee to “use an interstate network of ATMs which comprise, in the words of the statute,

Daniel Cantu v. James Moody

933 F.3d 414 · Court of Appeals for the Fifth Circuit · Aug 5, 2019

Vazquez, 899 F.3d 363, 380 n.11 (5th Cir. 2018) (holding appellant’s “failure to clearly 1 In his notice of appeal, Cantú says “FINAL JUDGMENT has not been entered.” … protection of the laws” 5  Case: 18-40434 Document: 00515064162 Page: 6 Date Filed: 08/05/2019 No. 18-40434 or “equal privileges and immunities

El Paso Independent School District v. Richard R. Ex Rel. R.R.

591 F.3d 417 · Court of Appeals for the Fifth Circuit · Dec 16, 2009

Weast, 546 U.S. 49, 53 , 126 S.Ct. 528 , 163 L.Ed.2d 387 (2005) (“The core of the *426 [IDEA] is the cooperative process that it establishes between parents and schools.”). … Further, the district court determined that Texas had not waived its immunity from suit in state court for the type of settlement offered by EPISD, and accordingly, EPISD’s settlement offer would not have been enforceable

58 Fair empl.prac.cas. 1879, 47 Empl. Prac. Dec. P 38,239 Black Association of New Orleans Fire Fighters (Banoff) v. The City of New Orleans, Louisiana, a Municipal Corp., Sidney Barthelemy, in His Capacity as Mayor of New Orleans v. New Orleans Firefighters Association, Local 632

853 F.2d 347 · Court of Appeals for the Fifth Circuit · Aug 25, 1988

It asserts that the examination was prepared at considerable expense and with the assistance of qualified expert consultants. … the next 90 days seven vacancies will be available for promotional opportunities and that after exhaustion of the list of demotees eligible for re-promotion, such vacancies would be filled from the promotional register established

Carleen Black v. Pan American Laboratories

646 F.3d 254 · Court of Appeals for the Fifth Circuit · Jul 11, 2011

According to the Court, Reeves had met his burden of establishing a prima *272 facie case by showing that “(i) at the time he was fired, he was a member of the class protected by the ANEA ..., (ii) he was otherwise qualified … Harris Cnty., Tex., 197 F.3d 173, 179 (5th Cir.1999) (“to establish a prima facie case” the plaintiff must “demonstrate that (1) she was not promoted, (2) she was qualified for the position she sought, (3) she was within

Beth Spiller, and Stephen Smiley Brown v. Ella Smithers Geriatric Center

919 F.2d 339 · Court of Appeals for the Fifth Circuit · Dec 18, 1990

Clearly, tolling was not called for, and appellee was entitled to summary judgment on Spiller’s age discrimination claim. 2. … Under McDonnell Douglas, Spiller had to show that she belonged to a protected group, was qualified for a position, was discharged from that position, and was replaced by a nonminority.

Leal v. City of Corpus

120 F.3d 266 · Court of Appeals for the Fifth Circuit · Jul 3, 1997

Discussion This court has recognized that an applicant who is passed over for a position can prove that the challenged decision was pretext for discrimination by establishing that she is “clearly better qualified … better qualified” for the positions at issue.

Nancy Koehler v. Aetna Health, Inc.

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

We find that the plan is ambiguous and the need for pre-authorization was not clearly stated in Aetna’s summary description of the plan. … And the qualifying words “. . . made by HMO,” suggests that the “prior arrangements” refer to some undertaking that Aetna would initiate, whereas pre-authorization would be initiated by the patient or her doctors in the HMO

Facil Ins Corp v. Empl Ins of Wausau

357 F.3d 508 · Court of Appeals for the Fifth Circuit · Jan 14, 2004

In the alternative, Wausau argues that the disputed contract provision unambiguously establishes that Wausau complied with the contract. … Rule X does not unambiguously establish that Wausau is not obligated to spend the full 2.0 percent.

Sebring Utilities Commission v. Federal Energy Regulatory Commission

591 F.2d 1003 · Court of Appeals for the Fifth Circuit · Mar 20, 1979

The Commission held that the commingling of the three supplies established FPC rate jurisdiction over the entire amount owned by El Paso. … Opinions 807 and 807-A, they argue, are clearly inconsistent with General Motors.

North Georgia Building and Construction Trades Council v. Neil Edward Goldschmidt, Maynard Jackson, Etc.

621 F.2d 697 · Court of Appeals for the Fifth Circuit · Jul 15, 1980

The district court clearly erred in treating the Department of Labor’s action as a modification subject to the 10-day rule of 29 C.F.R. § 1.7 (b)(1). … Prior to 10 days before the opening of bids, the Department of Labor could clearly modify its earlier project determination.

Davis v. McLennan County Jail

180 F. App'x 517 · Court of Appeals for the Fifth Circuit · May 15, 2006

immunity. … Although Davis alleged the violation of a clearly established right, he has not shown that the district court erred in granting summary judgment without allowing him to conduct discovery.

Mississippi Power Company, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

284 F.3d 605 · Court of Appeals for the Fifth Circuit · Mar 14, 2002

remain mindful of our deference to the Board’s construction of the Act, and echo the United States Supreme Court’s response to a similar argument: As for the argument that in-plant food prices and services are too trivial to qualify … Accordingly, the judge found that the zipper clause did not establish that, as the Respondent contended, the Locals had waived their right to bargain over the OPRB changes.

Nathaniel Shipping, Inc. v. General Electric Co.

920 F.2d 1256 · Court of Appeals for the Fifth Circuit · Jan 15, 1991

Justice Blackmun’s opinion for the Court was qualified by a statement that “[w]e do not reach the issue whether a tort cause of action can ever be stated in admiralty when the only damages sought are economic.” 11 Judge King … Such findings of fact by the district court are not to be overturned unless found to be clearly erroneous. 39 1. Where’s the Garbage?

United States v. Martinez-Larraga

517 F.3d 258 · Court of Appeals for the Fifth Circuit · Feb 7, 2008

It is, at best, highly questionable that this brief, unrepeated comment qualifies as a fair response. … Thus, defendants must establish that “(1) there was an error; (2) the error was clear and obvious; and (3) the error affected the defendant’s substantial rights.” United States v.

United States v. Palmer

122 F.3d 215 · Court of Appeals for the Fifth Circuit · Sep 3, 1997

This fails to qualify as the “timely objection” required by our Circuit. See id. … This district court’s findings on this issue were not clearly erroneous.