Case law

Fidelity & Deposit Co. v. FitzGerald Contractors, Inc.

439 F.3d 212 · Court of Appeals for the Fifth Circuit · Feb 1, 2006

The Petition was not an Informal Proof of Claim Alternatively, FitzGerald argues that the involuntary bankruptcy petition qualifies as an informal proof of claim, and that O’Connor requires the claim be preserved. … Co., the Louisiana First Circuit Court of Appeal examined section 9:4822 and held: The terms of the statute clearly establish that La.R.S. 9:4822(A) governs those situations in which a notice of contract

Amer Heritage Life v. Sanford

Court of Appeals for the Fifth Circuit · Jun 18, 2002

REV. 361, 4 The Green Tree case would have qualified as an “embedded” proceeding under our definition of that term in Altman Nursing. … Because an order compelling arbitration entered in an independent proceeding is a final decision, it also qualifies as a “judgment” under the Anti-Injunction Act. See Sternlight, supra, at 170–77.

American Heritage Life Insurance v. Orr

294 F.3d 702 · Court of Appeals for the Fifth Circuit · Jun 18, 2002

REV. 361, 4 The Green Tree case would have qualified as an “embedded” proceeding under our definition of that term in Altman Nursing. … Because an order compelling arbitration entered in an independent proceeding is a final decision, it also qualifies as a “judgment” under the Anti-Injunction Act. See Sternlight, supra, at 170–77.

Young v. Merrill Lynch & Co.

658 F.3d 436 · Court of Appeals for the Fifth Circuit · Sep 13, 2011

This provision clearly establishes the basic requirements for Young to receive pay *446 ment for his unexercised Restricted Units: he must resign for Good Reason which arose after a Change in Control occurred. … Section 8.3 establishes the Change in Control date applicable to circumstances where an employee resigns for Good Reason.

Amer Heritage Life v. Henley

Court of Appeals for the Fifth Circuit · Jun 18, 2002

REV. 361, 4 The Green Tree case would have qualified as an “embedded” proceeding under our definition of that term in Altman Nursing. … Because an order compelling arbitration entered in an independent proceeding is a final decision, it also qualifies as a “judgment” under the Anti-Injunction Act. See Sternlight, supra, at 170–77.

United States v. Clifford Mecham, Jr.

Court of Appeals for the Fifth Circuit · Feb 14, 2020

Taylor, 730 F.3d 778, 787 (9th Cir. 2013) (holding in the habeas context that it is not clearly established that the First Amendment protects morphed 9  Case: 19-40319 … Sexual penetration of an actual prepubescent child qualifies. See Lyckman, 235 F.3d at 238–40.

United States v. Daniel Stanford

883 F.3d 500 · Court of Appeals for the Fifth Circuit · Feb 19, 2018

That method is clearly set forth in the Guidelines. … The Government contends that Stanford is precluded from re-litigating Stanford I’s holding that he failed to establish a colorable Brady claim.

ASARCO, Inc. v. NLRB

Court of Appeals for the Fifth Circuit · Jul 10, 1996

The NLRA does not provide immunity to an employee because of his status as union president. See Florida Steel Corp. v. … The law clearly establishes that Asarco had a duty to produce to the Union requested information which was relevant and needed to handle grievances. See NLRB v. Acme Indus.

Barnett v. US Secret Service

Court of Appeals for the Fifth Circuit · Sep 7, 2001

Barnett contends that the agents lacked probable cause to effectuate his arrest and that they were therefore not entitled to qualified immunity. … Because qualified immunity is a defense from both liability and suit, the agents were entitled to a ruling on their defense before answering discovery requests. See Heitschmidt v.

Bauer v. Albemarle Corp

Court of Appeals for the Fifth Circuit · Mar 29, 1999

To establish this prima facie case under Title VII, the plaintiff must prove that she is a member of a protected class, she was qualified for the position that she held, she was discharged, and after her discharge was replaced … The defendant must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, “if believed by the trier of fact,” would support a finding that unlawful discrimination was not the

Earman Oil Company, Inc. And Courtesy House, Inc., Florida Corporations v. Burroughs Corporation, a Michigan Corporation

625 F.2d 1291 · Court of Appeals for the Fifth Circuit · Sep 19, 1980

Clearly perceived, the second of the terms is an express grant of third party beneficiary rights to Earman but conditioned with an incorporation of Burroughs’s “standard representations, warranties and obligations” (emphasis … We do not decide, as the District Court apparently did, whether disclaimers valid under U.C.C. § 2-316 are always immune from an unconscionability attack under U.C.C. § 2-302.

Fratta v. Quarterman

Court of Appeals for the Fifth Circuit · Jul 22, 2008

established federal law. … First, the CCA’s use of corroborating evidence—such as phone records and physical evidence—to support the confessions’ trustworthiness was contrary to clearly established federal law.

In Re: Deepwater Horizon

Court of Appeals for the Fifth Circuit · Nov 5, 2013

The court did not qualify its interpretation to state that this was not true of accrual-basis claimants, or to explain why one form of claims would be matched but not others. … The question of loss measurement is clearly before us.

Veronica Okon v. Harris County Hospital Dist

426 F. App'x 312 · Court of Appeals for the Fifth Circuit · May 23, 2011

In support of her case, Okon alleged that three other similarly-situated employees—all of whom were outside her protected class—remained employed, even though they had less experience or were less qualified. … Praprotnik, 485 U.S. at 127 (emphasis added); see also World Wide Street Preachers Fellowship, 591 F.3d at 755 (“[U]nless the subordinate’s actions are sufficiently extreme—for instance, an obvious violation of clearly established

Federal Savings & Loan Insurance v. Mackie

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

United States, 490 U.S. 545 , 109 S.Ct. 2003 , 104 L.Ed.2d 593 (1989). 6 Southwest argues that § 1819 is *823 broad enough to establish pendent party jurisdiction under Finley because it confers removal jurisdiction to the … Clearly, the statute in the case at hand is also much broader than the FTCA provision addressed in Finley .

Amer Heritage Life v. Martin

Court of Appeals for the Fifth Circuit · Jun 18, 2002

REV. 361, 4 The Green Tree case would have qualified as an “embedded” proceeding under our definition of that term in Altman Nursing. … Because an order compelling arbitration entered in an independent proceeding is a final decision, it also qualifies as a “judgment” under the Anti-Injunction Act. See Sternlight, supra, at 170–77.

Bogart v. Twin City Fire Insurance

473 F.2d 619 · Court of Appeals for the Fifth Circuit · Jan 24, 1973

By enacting the law the Legislature did not attempt to fix any maximum limit of recovery but merely established a minimum requirement. … “This policy does not apply under Section III [uninsured motorists section] so as to inure directly or indirectly to the benefit of any workmen’s compensation or disability benefits carrier or any person or organization qualifying

Heidt v. United States

56 F.2d 559 · Court of Appeals for the Fifth Circuit · Feb 22, 1932

Heidt was retired under this act, and, so long as he remained on the retired list, was clearly entitled to no further increase. … Appellant at that time was drawing, and had for five years drawn, longevity pay on the basis established by the statute of 1915, that he had never been out of active service.

Li v. Gonzales

429 F.3d 1153 · Court of Appeals for the Fifth Circuit · Aug 9, 2005

Unlike asylum claims, which are granted to qualified aliens at the discretion of the Attorney General, the former § 1253(h) of the immigration statute requires that the Attorney General withhold deportation of an alien … Li argues that it should be beyond peradventure that he was persecuted on account of his religion because he was arrested and abused as a result of clearly religious activities.

Chavez v. Brownsville Independent School District

135 F. App'x 664 · Court of Appeals for the Fifth Circuit · Jun 15, 2005

When viewing the “record as a whole,” we reach the same 26 conclusion as the district court–Chavez’s speech at the Board meeting does not qualify as speech on a public concern. … The statutory provision clearly grants immunity to superintendents. See TEX. ED. CODE § 22.051. However, it only applies to school employees acting in the scope of their employment. See Gonzalez v.