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706 F.2d 1384 · Court of Appeals for the Fifth Circuit · Jun 16, 1983
The company, after all, made no provision for informing employees of promotion opportunities nor did it establish any objective bases for judging the possible applicants. … The reversal of the magistrate’s decision on the merits clearly precludes us from awarding attorney’s fees to the defendant.
Cited 41 timesPublished284 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
Cited 1 timesUnpublishedWarriner Hermetics, Inc., and Warriner Parts, Inc. v. Copeland Refrigeration Corporation
463 F.2d 1002 · Court of Appeals for the Fifth Circuit · Jul 25, 1972
By contracting to close this market for salt against competition, International has engaged in a restraint of trade for which its patents afford no immunity from the *1009 anti-trust laws.” 332 U.S. at 395-396 , 68 S.Ct. … It is to the system and the end product that the public looks with the confidence that established goodwill has created.
Cited 31 timesPublished714 F.2d 1358 · Court of Appeals for the Fifth Circuit · Sep 22, 1983
Both pilots were licensed and qualified as pilots by the State of Louisiana. 13 At or shortly after 0800 hours the SOUTHWIND and the ASTROS sighted each other and shortly thereafter the captains and the pilots of the vessels … This regulation is clearly designed to ensure the safety of navigation in the MR-GO.
Cited 2 timesPublishedCasaceli 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.
Cited 1 timesPublished500 F.2d 212 · Court of Appeals for the Fifth Circuit · Sep 9, 1974
Even if defendant's 'profit sharing retirement plan' could qualify as a type of plan contemplated by Section 4(f)(2), it is not bona fide since one of its 'salient provisions'-- the compulsory retirement feature-- was not … Moreover, there is a requirement on the party relying upon the exception established that it 'plainly and unmistakably (falls) within (the) terms and spirit' of the legislation. Phillips Company v.
Cited 0 timesPublishedHaralson v. E.F. Hutton Group, Inc.
919 F.2d 1014 · Court of Appeals for the Fifth Circuit · Dec 26, 1990
To the extent that the district court’s summary judgment was premised on Grant’s having agent immunity from Hutton’s contract interference claim, we disagree. … A jury could find that Grant, like Aubin, acted out of personal greed and therefore receives no immunity. See B., Inc., 663 F.2d at 553 .
Overruled on other grounds by Michael P. Lewis v. David M. Fresne Lowell Farkas Robert A. Young Rosenfeld, Bernstein & Tannenhauser LLP Eric P. Rosenfeld, 252 F.3d 352 (2001)Cited 76 timesPublishedUnited States v. Mohamed Toure
965 F.3d 393 · Court of Appeals for the Fifth Circuit · Jul 10, 2020
The record clearly shows that Mohamed Toure was personally involved in violent acts that were directly related to D.D.’s labor. … Concerning their charges of conspiracy to harbor an alien for financial gain and harboring an alien, the defendants requested a jury instruction on what qualifies as “harboring an alien.”
Cited 20 timesPublished161 F. App'x 341 · Court of Appeals for the Fifth Circuit · Dec 20, 2005
That policy-making decision established a non-discretionary duty to patrol and supervise the rec yard. 5. … Permitting this kind of immunization clearly sidesteps the remedial objective of the FTCA by allowing the exception to swallow the rule. 6.
Cited 5 timesUnpublishedUnited States Ex Rel. Farmer v. City of Houston
523 F.3d 333 · Court of Appeals for the Fifth Circuit · Mar 25, 2008
Inspectors were dispatched to determine whether Farmer qualified for the EHRP. … Laguarta : This Court has clearly held, however, that it will generally not consider a new ground on appeal raised by an appellant in opposition to summary judgment.
Cited 125 timesPublished320 F. App'x 252 · Court of Appeals for the Fifth Circuit · Apr 7, 2009
Popoca contends that the BIA acted contrary to its own established precedent and regulation by “attempt[ing] to severely limit which aggravated felony offenses can be waived under 212(c) as a defense to removability.” … Popoca now argues that he should be entitled to similar treatment, noting that the BIA never clearly addressed Azurin in issuing its opinion.
Cited 2 timesUnpublishedCourt of Appeals for the Fifth Circuit · Dec 21, 2011
This immunity deprives the court of subject-matter jurisdiction over claims against the United States. Id. … Under the Supreme Court’s Gaubert test, a governmental employee’s conduct must satisfy two conjunctive criteria to qualify as a discretionary function. United States v. Gaubert, 499 U.S. 315, 322-23, 111 S.
Cited 0 timesUnpublished542 F.2d 270 · Court of Appeals for the Fifth Circuit · Nov 12, 1976
The lower court was clearly correct in ruling that the liens did not attach to the stock transferred to Nakashima. … The court said that the United States qualified as a lien creditor and that its lien attached to the accounts receivable of the taxpayer and took priority over the assignee’s unperfected security interest.
Cited 38 timesPublishedEric Darden v. City of Fort Worth, Texas
Court of Appeals for the Fifth Circuit · Apr 24, 2020
The district court determined that the officers had not violated clearly established law and were thus entitled to qualified immunity. Id. Because it held that the officers had not violated Mr.
Cited 0 timesUnpublishedCourt of Appeals for the Fifth Circuit · Feb 13, 2001
’ motion to dismiss, the district court ordered that the Plaintiffs file a Rule 7(a) reply tailored to the Defendants’ defense of qualified immunity. … Moreover, in their motion to dismiss, the Defendants offer up the defense of qualified immunity, a defense that is intended to protect the Defendants from personal liability.
Cited 0 timesUnpublishedIsaac B. Mitchell v. Fruehauf Corporation and Fruehauf Corporation D/B/A Hobbs Trailers Division
568 F.2d 1139 · Court of Appeals for the Fifth Circuit · Mar 3, 1978
There is clearly no such knowing exposure to danger by the plaintiff in this case. … The court declared that this evidence by itself was insufficient to establish liability under Texas law. Id. at 1267 .
Cited 32 timesPublishedAshraf Manjee v. Eric Holder, Jr.
544 F. App'x 571 · Court of Appeals for the Fifth Circuit · Nov 8, 2013
“Many determinations of timeliness are based on an IJ’s assessment of facts and circumstances that affected the applicant’s filing, and even after the passage of the Real ID Act, such rulings are clearly unreviewable by this … Dec. 267, 268 (B.I.A. 2007), the burden of establishing that the visa petition was meritorious in fact rests on the petitioner. See 8 C.F.R. § 1240.8(d).
Cited 1 timesUnpublishedCourt of Appeals for the Fifth Circuit · Jan 10, 2014
The Amchem decision, moreover, which did involve a settlement class proposed for certification under Rule 23(b)(3), explained that the predominance inquiry “trains on the legal or factual questions that qualify each class … This quotation is clearly taken out of context. 139 No other decision by our court or by any district court has ever cited Reed for such a proposition.
Cited 0 timesPublishedCourt 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).
Cited 0 timesUnpublished292 F.3d 439 · Court of Appeals for the Fifth Circuit · Jun 21, 2002
Yet that principle is widely recognized: When the remedy of damages is not adequate at law, equitable remedies may be sought. 40 This doctrine is so well established that it must be credited as one kind of relief that was … Copeland also argues that the ERISA provision exempting "qualified domestic relations orders" 75 from preemption applies; but no qualified domestic relations order is at issue here, nor could one be. 76 96 To summarize, the
Cited 0 timesPublished
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