Case law

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.

United States v. Lebaron

Court of Appeals for the Fifth Circuit · Mar 3, 2004

Cynthia, one of the participants in the Texas murders, confessed her participation and agreed to testify against Aaron in exchange for total immunity. … Jordan’s murder is relevant to establish similar intent and plan.

Jameson v. CIR

Court of Appeals for the Fifth Circuit · Oct 12, 2001

This court concluded that the assets received by the charity under the bona fide settlement qualified for the deduction under the applicable statute. … Jameson's will directing that an independent appraisal establish the number of shares in the bequest to Andrew.

Fmc Finance Corporation v. Albert D. Murphree, Jr. And Dorothy E. Murphree

632 F.2d 413 · Court of Appeals for the Fifth Circuit · Dec 8, 1980

On the other hand, section 2-302 expressly applies to “any clause of the contract,” and section 2-316 does not expressly state that all disclaimers meeting its requirements are immune from section 2-302. … Abandonment of the total domination or “instrumentality” factor is clearly required in cases seeking to hold the subsidiary liable for the acts of the parent.

Carolyn Sapp v. Patrick Donahoe

539 F. App'x 590 · Court of Appeals for the Fifth Circuit · Sep 11, 2013

Under that framework, the plaintiff must first establish a prima facie case of discrimination, which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; … To establish a prima facie case of discrimination under the Rehabilitation Act, a plaintiff must show that (1) she has a disability; (2) she was otherwise qualified for her job; (3) she worked for a program or activity receiving

Arthur Massey v. EMC Mortgage Corporation

546 F. App'x 477 · Court of Appeals for the Fifth Circuit · Nov 5, 2013

That same month, EMC sent the Masseys a document stating, “You may qualify for a Home Affordable Modification Trial Period Plan.” … In Janu- ary 2010, EMC again wrote to the Masseys, referencing a “recent conversa- tion” pursuant to which EMC had established a “repayment plan” for the first loan.

Janet L. Harden and James M. Harden v. United States

688 F.2d 1025 · Court of Appeals for the Fifth Circuit · Oct 15, 1982

Hall, 116 Ga.App. 41 , 156 S.E.2d 920, 922 (1967) (citing the “well-established” rule of 7%). The statute is reasonably read as a mandatory alteration of this established judicial practice. … The Georgia legislature clearly intended that the new code provision apply in proceedings pending on the provision’s effective date. 8 Janet Harden’s argument that the statute, so construed, violates Georgia’s constitutional

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.

Cobbins v. Henderson

227 F.3d 302 · Court of Appeals for the Fifth Circuit · Sep 27, 2000

FINDINGS OF FACT The facts of this case were primarily established by written stipulation of the parties entered into the record at trial. … At trial, the Court rephrased the issue as whether the Debtor may claim homestead exemption in a "home" without also being a landowner, and the parties agreed that this restatement more clearly defined the issue at hand

Tommy Ray Jackson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

194 F.3d 641 · Court of Appeals for the Fifth Circuit · Mar 20, 2000

corpus on behalf of a person in custody under a judgment of a state court shall not be granted with respect to any claim that was adjudicated on the merits in state court proceedings unless that adjudication was contrary to clearly … Smith, 904 F.2d at 964 ("impeachment material is clearly exculpatory and qualifies as Brady material"). 20 . Smith, 904 F.2d at 964-69 (impeachment evidence is favorable even if cumulative). 21 .

Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam Austin

638 F.2d 727 · Court of Appeals for the Fifth Circuit · Feb 17, 1981

That there was a waiver and an abandonment is established beyond a cavil. … Nothing in the record clearly shows that the alleged justifications are implausible on their face.

United States v. Kasali

111 F.4th 637 · Court of Appeals for the Fifth Circuit · Aug 2, 2024

The Government asserts neither order is clearly erroneous under this circuit’s precedent, and they should both be affirmed. … This establishes “a burden-shifting framework for loss-amount calculations.” Williams, 993 F.3d at 980.

Mance v. Sessions

896 F.3d 390 · Court of Appeals for the Fifth Circuit · Jul 20, 2018

Similarly, Congress has established the National Instant Criminal Background Check System ("NICS") to ensure that prospective gun buyers are legally eligible. … In May of last year, we heard en banc a case involving a grant of summary judgment on qualified immunity, in anticipation that the plaintiff might have a Fourth Amendment claim. Melton v.

Sta-Home Health Agcy v. CIR

456 F.3d 444 · Court of Appeals for the Fifth Circuit · Aug 1, 2006

This finding was clearly erroneous. … Hahn established the value of the Sta-Home exempt agencies’ tangible assets at a range between $8,421,977 and $8,787,492.

Jones v. Commissioner of Internal Revenue

640 F.2d 745 · Court of Appeals for the Fifth Circuit · Mar 27, 1981

The findings of fact by the Tax Court will not be disturbed unless such findings are clearly erroneous. Northern Natural Gas Company v. Commissioner of Internal Revenue, supra; Greer v. … The fact that the agency agreement is reduced to writing clearly is not conclusive that an agency relationship exists. National Carbide v. Commissioner of Internal Revenue, supra; Collins v.

United States v. Sparks

85 F.3d 622 · Court of Appeals for the Fifth Circuit · Apr 18, 1996

" -4- of the mails had been established. See United States v. … To the contrary, we find that the government's witness on this issue, Edward Tucker, was a "qualified witness" within the meaning of Rule 803(6).

Garza Rios v. Garland

Court of Appeals for the Fifth Circuit · Apr 9, 2021

Even assuming the motion was timely, the BIA concluded Garza Rios failed to establish eligibility for cancellation of removal because he did not put forth sufficient evidence that any qualifying relatives would experience … that his qualifying relatives would experience exceptional and extremely unusual hardship upon removal.

Whitestone REIT v. Hartman

252 F. App'x 631 · Court of Appeals for the Fifth Circuit · Oct 26, 2007

WIENER, Circuit Judge: * The Board of Trustees (the “Board”) of a Maryland-established, Texas-based Real Estate Investment Trust (the “REIT”) defensively revised the REIT’s bylaws and *633 opted in to the Maryland Unsolicited … Regardless of the Board’s motive for eliminating the REIT’s majority written consent provision, and regardless of whether that act is tested under the business judgment rule or a stricter fiduciary duty standard, the Board clearly

Philip Landry v. Judge J. Robert Hoepfner and William Guste, Jr., Attorney General, State of Louisiana

818 F.2d 1169 · Court of Appeals for the Fifth Circuit · Jul 9, 1987

Clearly, the right to a trial by jury does not extend to every criminal proceeding. In a plurality opinion in Baldwin v. … Further, the Court ruled that an offense imposing a penalty of up to six months imprisonment does not require a jury trial if it otherwise qualifies as a petty offense. Id.

Norman v. St. Clair

610 F.2d 1228 · Court of Appeals for the Fifth Circuit · Jan 28, 1980

If the total is less than $150 where the applicant lives at home, or $450 where the applicant is institutionalized, the applicant qualifies for Médicaid. 8 If it is greater than these respective amounts, the applicant is … Furthermore, the statute clearly contemplates a formal legal proceeding.