14 Cited authorities

  1. Shackelford v. Deloitte Touche

    190 F.3d 398 (5th Cir. 1999)   Cited 908 times
    Holding that evidence of tight temporal proximity, unfounded performance concerns, warnings from other employees not to engage in the protected activity, and disparate treatment was enough to create an issue of fact regarding pretext
  2. Clark v. Tarrant County, Texas

    798 F.2d 736 (5th Cir. 1986)   Cited 846 times   1 Legal Analyses
    Holding that the probation department of the state of Texas was an arm of the state and thereby entitled to 11th Amendment immunity
  3. Roberts v. Corrothers

    812 F.2d 1173 (9th Cir. 1987)   Cited 828 times
    Holding that a court may not resolve genuinely disputed facts where "the question of jurisdiction is dependent on the resolution of factual issues going to the merits"
  4. Villarreal v. R.J. Reynolds Tobacco Co.

    839 F.3d 958 (11th Cir. 2016)   Cited 124 times   5 Legal Analyses
    Finding that Griggs addressed only "promotion and transfer policies"
  5. Breen v. Texas a M

    485 F.3d 325 (5th Cir. 2007)   Cited 96 times
    Holding that the state created danger theory was "a valid basis for a claim on the set of facts alleged"
  6. Medical Center Pharmacy v. Holder

    634 F.3d 830 (5th Cir. 2011)   Cited 74 times
    Holding that the waiver rule prevents consideration of an issue raised in a second appeal absent plain error
  7. In re Felt

    255 F.3d 220 (5th Cir. 2001)   Cited 84 times
    Holding that law of the case applied to certain issues not explicitly addressed by appellate court where those issues were fully briefed and considered by the court
  8. Glass v. Paxton

    900 F.3d 233 (5th Cir. 2018)   Cited 36 times
    Finding that professor's decision to self-censor rested on speculation about “hypothetical future decisions of students in her classroom”
  9. U.S. v. Castillo

    179 F.3d 321 (5th Cir. 1999)   Cited 65 times   2 Legal Analyses
    Examining the structure of 18 U.S.C. § 924(c) and concluding that "the type of weapon used or carried is a sentencing enhancement, and not an element" of the offense
  10. Powell v. Dallas Morning News L.P.

    776 F. Supp. 2d 240 (N.D. Tex. 2011)   Cited 41 times
    Holding that plaintiff "cannot rely on a broad unmeasurable policy as a basis for a disparate impact claim"