Case law

Jimmie DeRamus v. City of Alexandria

675 F. App'x 408 · Court of Appeals for the Fifth Circuit · Jan 9, 2017

Moreover, Detective Blackwood consulted the District Attorney’s Office when releasing the property, which the district court determined entitled her to qualified immunity. … The district court dismissed all claims against Van Dyke on the basis of qualified immunity after finding that the advice he provide to the APD was not “a constitutional violation of plaintiffs’ rights.”

Robertson v. LSU Medical Center

Court of Appeals for the Fifth Circuit · Nov 21, 2002

immunity in this case. … P. 56 (C) on Robertson’s retaliation claim, it is unnecessary for us to discuss whether Robertson met the heightened pleading standard or whether Appellees are entitled to qualified immunity in this case.

Delacueva v. TABC

Court of Appeals for the Fifth Circuit · May 27, 1999

, the agents, as TABC officers, were authorized to, and were, seeking to inspect the establishment’s beverage receipts, and Delacuerva, an employee of the establishment, interfered with that function by locking … Consequently, the agents are entitled to qualified immunity, and the district court erred in refusing to grant their summary judgment motion in connection with the false arrest claim.

Michael Colbert v. Murphy Paul

Court of Appeals for the Fifth Circuit · Jun 2, 2021

They argued that they were entitled to qualified immunity as to Colbert’s individual capacity claims and that Colbert’s allegations did not support municipal or supervisory liability. Colbert filed an opposition. … Colbert, as the appellant, first has the burden of establishing this Court’s appellate jurisdiction. 3 The order Colbert seeks to appeal is the denial of a motion for leave to file a second amended complaint adding

Gunn v. Chickasaw County, MS

166 F.3d 341 · Court of Appeals for the Fifth Circuit · Dec 21, 1998

These districts must necessarily be drawn based on race in order to qualify as majority-black districts. … Because it was plausible that the plaintiffs established these two critical factors based on the record as a whole, the district court did not clearly err.

Fred Whitaker Company v. E. T. Barwick Industries, Inc.

551 F.2d 622 · Court of Appeals for the Fifth Circuit · Apr 28, 1977

We do not clearly understand how the claim 4 process sets the dye without heat-setting, but such an understanding is unnecessary to our resolution of the obviousness question. 7 . … While this court has often expressed its disapproval of this procedure, it does not eliminate the “clearly erroneous” scope of review. See, e. g., Keystone Plastics, Inc. v.

LYONDELL CHEMICAL CO. v. Occidental Chemical Corp.

608 F.3d 284 · Court of Appeals for the Fifth Circuit · Jun 8, 2010

Left with significant evidence of disposal at Highway 90 and credible evidence of a link between that disposal and the waste at Turtle Bayou, the district court did not clearly err in applying the “rule” absent countervailing … of Turtle Bayou—it lists 66 Id. 67 Occidental argues that a party, like Lyondell, who settles its CERCLA liability with the government has been held accountable and its share cannot qualify

United States v. Rodriguez

93 F. App'x 663 · Court of Appeals for the Fifth Circuit · Apr 2, 2004

Rodriguez argues that his two prior New Jersey state convictions for third-degree burglary do not qualify as crimes of violence. … Given the broad definition of “structure” under New Jersey law, the indictment does not clearly refer to a dwelling.

Grey v. Dallas Independent School District

265 F. App'x 342 · Court of Appeals for the Fifth Circuit · Feb 14, 2008

To establish his prima facie case, Grey must show that he is a “(1) a member of a protected class; (2) qualified for the position held; (3) subject to an adverse employment action; and (4) treated differently from others … Rule 59(e) motions to vacate or amend a judgment “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Simon v.

Eyerly Aircraft Co. v. Jack Killian, Individually and for and on Behalf of Jan Killian, a Minor

414 F.2d 591 · Court of Appeals for the Fifth Circuit · Aug 5, 1969

Eyerly Aircraft clearly comes within this broad encompassing language. … Based upon such considerations and the well-established principle that the place of the wrong is the place where the legal injury occurs, we conclude that if the allegations of the complaint are established it would follow

Oldham v. SBA

Court of Appeals for the Fifth Circuit · May 14, 2025

Oldham’s declaratory judgment action neither waived the SBA’s sovereign immunity nor independently conferred jurisdiction on the court; and (4) Mrs. … To establish fraudulent inducement as an affirmative defense to the enforcement of a contract, a party must establish the elements of fraud “as they relate to an agreement between the parties.” 39 The elements of fraud require

Finley W. Holbrook and Faith Holbrook v. Commissioner of Internal Revenue

450 F.2d 134 · Court of Appeals for the Fifth Circuit · Dec 20, 1971

Instead, taxpayer had clearly acquired the economic interest by his guaranty and was thus chargeable with all income from the lease. … Landreth might have a guarantor’s obligation to the Midland Bank is not sufficient to establish that he had the economic interest in the production payment. Having purchased the note, Mr.

United States v. Bird

Court of Appeals for the Fifth Circuit · Dec 3, 1997

The Court found that the statute “clearly and precisely delineate[d] its reach in words of common understanding.” Id. at 1338. … In each of these cases there was a comprehensive national regulatory scheme, and the criminalized conduct was clearly defined as part of that regulatory scheme.

Avondale Industries, Inc. v. International Marine Carriers, Inc.

Court of Appeals for the Fifth Circuit · Mar 4, 1994

Questions concerning the existence of negligence and causation are treated as factual issues subject to the clearly erroneous standard. Todd at 405. … Further, testimony established that when the pilot released the AVON II, the tug captain told the first mate to let her go. The first mate did release her, and reported his action to the bridge.

Fed. Sec. L. Rep. P 94,405 Joe L. Smallwood v. Pearl Brewing Company, Southdown, Inc., Zapata Norness, Inc., Albert J. Rangeand D. Doyle Mize

489 F.2d 579 · Court of Appeals for the Fifth Circuit · Feb 19, 1974

The individual defendants had established Northeastern Bankshares Association, a bank holding company, which in turn had established Kenduskeag Banking Company, a “phantom bank” never intended to carry on banking business … Clearly, it was. We hold only that the question of the materiality of the option was within the legitimate province of the jury. C.

Sadberry v. Commissioner

153 F. App'x 336 · Court of Appeals for the Fifth Circuit · Nov 16, 2005

They clearly explain that only distributions from qualified plans are eligible for tax-free rollovers.13 13 The 1999 instructions for lines 16a and 16b read in part: Rollovers … Any cursory reading of the instructions establishes that is not the case.

City of Walker v. State of Louisiana

Court of Appeals for the Fifth Circuit · Dec 8, 2017

Co., LLC, 701 F.3d 1224, 1228 (8th Cir. 2012), but not clearly so in ours. … “That defense provides immunity to contractors for conduct that complies with the specifications of a federal contract.” Crutchfield v.

Sonia Hernandez v. Sikorsky Support Services, Inc

495 F. App'x 435 · Court of Appeals for the Fifth Circuit · Oct 23, 2012

This claim clearly fails and does not support favoritism to male employees. Some male employees received access passwords that Hernandez did not. … Hernandez complains that she was not notified about an open managerial position but concedes that she was not qualified for the position based on seniority.

George G. Rodrigue, Jr. And Richard Steiner v. Veronica Hidalgo Rodrigue

218 F.3d 432 · Court of Appeals for the Fifth Circuit · Jul 7, 2000

He argues that, because, under the Supremacy Clause, state law is preempted to the extent that it conflicts with federal law, his copyrights are immune from Louisiana community property law. … In the context of these clearly established concepts and principles, we conclude that federal copyright law does not conflict with, and therefore does not preempt, Louisiana community property law to the extent of denying

15 Fair empl.prac.cas. 139, 14 Empl. Prac. Dec. P 7655 F. Ray Marshall, Secretary of Labor, United States Department of Labor v. The Goodyear Tire & Rubber Company

554 F.2d 730 · Court of Appeals for the Fifth Circuit · Jun 24, 1977

Since there is no proof that Reed was qualified to do the job, the argument goes, the Secretary failed to make a prima facie case. … We cannot say that the district court's conclusion is clearly erroneous.