Case law

Harvey Hoffman v. Baylor Health Care System

597 F. App'x 231 · Court of Appeals for the Fifth Circuit · Jan 6, 2015

To support his prima facie burden on his ADEA claim, Hoffman must show: (1) “[he] was discharged”; (2) “qualified for the position”; (3) “within the protected age group at the time of the discharge”; and (4) “either replaced … Specifically, though Hoffman concedes on appeal that he “clearly had culpability in the breakdown of the MRI process—perhaps even the most culpability,” Hoffman asserts he was treated differently than Zavala and Watkins,

RANDALL D. WOLCOTT, MD, PA v. Sebelius

635 F.3d 757 · Court of Appeals for the Fifth Circuit · Mar 15, 2011

Following the contractor’s redetermination, the beneficiary may request, and the Qualified Independent Contractor (QIC) will perform, a reconsideration of the claim if the requirements for obtaining a … CONCLUSION Wolcott is clearly frustrated with what it perceives as TrailBlazer’s attempts to give it the bureaucratic runaround by changing the rules to deny or delay payment.

United States v. Shannon

Court of Appeals for the Fifth Circuit · Apr 22, 1994

The Government argues that Shannon has failed to establish his standing to challenge the search. … Considering the record as a whole, we find that the district court's findings were not clearly erroneous.

Phillips Petroleum Co. v. Johnson

155 F.2d 185 · Court of Appeals for the Fifth Circuit · Feb 1, 1946

It does not clearly appear at what date Johnson learned that the gas was not casinghead gas, but natural gas. … If the expense cannot be accurately shown, of course, customary charges for such service or even opinion evidence from witnesses, qualified to testify about it, may be resorted to.

Nero v. Industrial Molding

Court of Appeals for the Fifth Circuit · Mar 2, 1999

The supervisory personnel cite company documents establishing that the decision to terminate Nero occurred four days before the heart attack. … An employee’s right to return to the same position after a qualified absence falls under this category. See Bocalbos, 162 F.2d at 383.

Liberty Mutual Insurance Company v. Mid-Continent Insurance Company

405 F.3d 296 · Court of Appeals for the Fifth Circuit · Mar 31, 2005

On appeal, the Third Circuit affirmed, holding that the district court's fact findings were not clearly erroneous. Keystone, 840 F.2d at 184, 186 . … In affirming the district court, we stated: "Storebrand contends that the district court erred in finding that Wausau acted in good faith and thus was immune from liability under [Insurance Code] Article 21.21 and the DTPA

SEC v. Resrc Devel Intl LLC

Court of Appeals for the Fifth Circuit · Jun 1, 2007

In this circuit, proving that IERC operated as a Ponzi scheme establishes the fraudulent intent behind the transfers it made. Id. at 558. … Based on these two findings, the transfer qualifies as fraudulent under § 24.005(a)(2).

Edwards v. City of Houston

Court of Appeals for the Fifth Circuit · Nov 10, 1994

The Consent Decree requires only the remedial promotion of qualified blacks and hispanics. … Furthermore, although the would-be intervenors in this case sought to intervene under both Rule 24(a) and Rule 24(b), the majority does not even mention the distinction clearly established by Stallworth between those two

Federal Savings And Loan Insurance Corporation v. Mackie

949 F.2d 818 · Court of Appeals for the Fifth Circuit · Jan 6, 1992

SNECMA removed the actions to federal district court pursuant to 28 U.S.C. § 1441 (d) and relevant provisions of the Foreign Sovereign Immunities Act of 1976 (FSIA). 9 This court held that the jurisdictional grant under the … Id. 33 Clearly, the statute in the case at hand is also much broader than the FTCA provision addressed in Finley.

BCCA Appeal Group v. United States Environmental Protection Agency

476 F. App'x 579 · Court of Appeals for the Fifth Circuit · Jun 15, 2012

BCCA asked the district court to order a schedule establishing deadlines by which the EPA would have to take action on pending Texas air permit revisions. … Establishing, monitoring, and enforcing the nation’s air quality standards is EPA’s central charge under the Clean Air Act.

Watkins v. La Marque Independent School District

308 F. App'x 781 · Court of Appeals for the Fifth Circuit · Jan 27, 2009

The District qualified her to receive special education services as a child with mental retardation and speech impairment. … Thus, the Watkins have failed to establish two of the Davis requirements for a student-on-student sexual harassment claim under Title IX. III.

United States v. Rickey Beene

818 F.3d 157 · Court of Appeals for the Fifth Circuit · Mar 8, 2016

Under this expansive definition, Beene’s driveway qualifies as an open field. … [his vehicle] for the purpose of finding something” qualified as a “search” as that word is used in the everyday sense. Kyllo v. United States, 533 U.S. 27, 33 n.1 (2001) (quoting N.

Cobb v. Roshto

Court of Appeals for the Fifth Circuit · Mar 27, 2002

immunity. … The Chief had at least arguable probable cause for his actions, precluding a finding that his actions were objectively unreasonable in light of clearly established constitutional law. Anderson v.

Smith v. Louisville Ladder Co

Court of Appeals for the Fifth Circuit · Jan 24, 2001

He conducted videotaped experiments for the purpose of establishing this fact. … And the majority discredits the evidence that clearly shows that Mr.

United States v. Bermea

30 F.3d 1539 · Court of Appeals for the Fifth Circuit · Aug 25, 1994

Solis’s testimony also established Baldemar Bermea’s involvement in the second conspiracy. … This information satisfies the low threshold of reliability established by § 6A1.3(a).

Johnson v. Hinds County, MS

Court of Appeals for the Fifth Circuit · Nov 3, 2000

Johnson’s discussion of overcoming the defense of qualified 2 immunity in individual capacity claims under § 1983 is not relevant to his municipal liability … This court will affirm a denial of a continuance of a summary judgment motion “unless it is arbitrary or clearly unreasonable.” Transamerica Ins. Co. v. Avenell, 66 F.3d 715, 721 (5th Cir. 1995).

United States v. Jorges Valdes

403 F. App'x 885 · Court of Appeals for the Fifth Circuit · Dec 8, 2010

him for ACCA status, his prior conviction for burglary, does not qualify as a conviction for generic burglary and therefore cannot be used to enhance his sentence. … Valdes’s confession to “each and every” allegation in the indictment is sufficient to establish that he was convicted of generic burglary.

United States v. Fletcher R. Benson and William P. Wright

495 F.2d 475 · Court of Appeals for the Fifth Circuit · Jul 9, 1974

The point advanced is that the forms were merely secondary or qualifying evidence which received undue and hence prejudicial importance by their presence during the juries’ deliberations. … On the basis of Calhoun’s clearly announced preference the trial court denied the defense motion.

Casaceli v. Martech International, Inc.

774 F.2d 1322 · Court of Appeals for the Fifth Circuit · Dec 11, 1985

It clearly applies to any independent contractor and its harborworker employees covered by the LHWCA and working aboard ship." 674 F.2d at 451 . … The evidence does not clearly demonstrate what condition or event actually or predominantly caused Bodd's death.

Sarpy v. Town of Homer

284 F. App'x 165 · Court of Appeals for the Fifth Circuit · Jul 7, 2008

To establish a prima facie case of race or gender discrimination, each Appellant must establish that she was: a member of a protected class; qualified for the position from which she was discharged; subjected to an adverse … Similarly, we affirm the district court’s grant of summary judgment to Appellees in their individual capacities because Appellees did not violate “clearly established statutory or constitutional rights of which a reasonable