Case law

Roland J. Hymel, Jr. And Mary Ann Hymel v. Commissioner of Internal Revenue

794 F.2d 939 · Court of Appeals for the Fifth Circuit · Apr 4, 1986

This is a finding of fact to which we would ordinarily defer unless clearly erroneous. See Commissioner v. … The stipulation establishes a direct connection between Bacchus and Mr. Hymel’s business. One purpose of Bacchus was to improve tourism, and tourism “directly impacted” Mr. Hymel’s income.

Frazier v. Garrison I.S.D.

980 F.2d 1514 · Court of Appeals for the Fifth Circuit · Jan 14, 1993

“qualified population in the workforce,” not to the cannery workforce.- Id. at 651 , 109 S.Ct. at 2122 . … Although facial neutrality at the bottom line cannot immunize an agency or employer from proved acts of discrimination against an individual or groups of individuals, we cannot infer discrimination from statistics that by

Musslewhite v. State Bar of Texas

32 F.3d 942 · Court of Appeals for the Fifth Circuit · Jul 19, 1994

Harris19, the Supreme Court established a policy whereby federal intervention in ongoing state criminal proceedings is barred absent extraordinary circumstances. … Hence, the district court will entertain any subsequent objections raised; e.g., the various immunities (sovereign, absolute, and qualified). 15

In the Matter Of: Elizabeth Ann Evert, Debtor. Marsha G. Milligan, Trustee C. Daniel Roberts & Associates P.C. v. Elizabeth Ann Evert

342 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 6, 2003

First, qualifying language that exists in 11 U.S.C. § 523 (a)(5) is not found in 11 U.S.C. § 522 (d)(10)(D). … establish the nature of the obligation and where there are distinct provisions for nontrivial alimony and for the property settlement.

Tarpley v. McClain

Court of Appeals for the Fifth Circuit · Feb 5, 2021

To do so, the plaintiff must demonstrate that the defendant violated the plaintiff’s constitutional rights and that the defendant’s actions were objectively unreasonable in light of clearly established law at the … As a result, it concluded that the Tarpleys failed to overcome McClain’s qualified immunity defense.

Ace American Insurance v. Freeport Welding & Fabricating, Inc.

699 F.3d 832 · Court of Appeals for the Fifth Circuit · Oct 19, 2012

If the moving party meets this burden, the non-moving party must then come forward and establish the specific material facts in dispute. Matshushita Elec. Indus. Co., Ltd. v. … It clearly defines its term of coverage as commencing on January 1, 2009 and remaining effective “to evergreen.”

Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories

656 F.2d 92 · Court of Appeals for the Fifth Circuit · Aug 31, 1981

Further, the result contradicts the congressional intent clearly reflected at hearings when the Act was under consideration. … That being the case, well-established principles of sovereign immunity would narrowly limit the sovereign’s expo *96 sure to suit, precluding it altogether in the event of ambiguity. Teegarden’s letter read in part: 2.

Continental Casualty Company v. River Ridge Insurance, Inc.

973 F.2d 437 · Court of Appeals for the Fifth Circuit · Sep 30, 1992

For businesses that did not qualify for the BAP policy, CNA offered several other types of commercial property policies which were not subject to the restrictions applicable to the BAP policy. … Examination of Chiasson reveals no departure from the proposition established by Mathews.

Amberg v. Federal Deposit Insurance Corporation

934 F.2d 681 · Court of Appeals for the Fifth Circuit · Jul 2, 1991

Since the FDIC established regulations which required an answer to be filed within twenty days, the time limit is jurisdictional. … When the construction of an administrative regulation rather than a statute is at issue, deference is even more clearly in order.")

Wilson v. Taylor

100 F. App'x 282 · Court of Appeals for the Fifth Circuit · Jun 4, 2004

Wilson, a former Texas prisoner, appeals the district court’s order granting the defendant Officer Adrian Taylor’s motion for summary judgment, based on the qualified- immunity doctrine, in this 42 U.S.C … Therefore, the summary judgment evidence before the district court does not suffice to establish the violation of a constitutional right and Taylor is entitled to qualified immunity. Price v.

Leroyce McDonald v. City of Houston Police Dept.

Court of Appeals for the Fifth Circuit · Jul 11, 2019

If the right was not clearly established, the officer is entitled to qualified immunity even if his conduct violated the plaintiff ’s constitutional rights. See Vann v. … As always when qualified immunity is asserted, the plaintiff must point to clearly established law that would require intervention under the circumstances. See id. at 647 n.13.

George L. Curry v. Wallace C. Ragan

257 F.2d 449 · Court of Appeals for the Fifth Circuit · Oct 13, 1958

They contain many conclusions, and the facts alleged are qualified by many adjectives. … For the principle of law has long ago been established in the case of Bradley v.

United States v. Viju Mathew

916 F.3d 510 · Court of Appeals for the Fifth Circuit · Feb 21, 2019

The government established an actual loss to Medicare. … The government therefore established an actual loss to Medicare.

Trinity Industries, Inc. v. United States

757 F.3d 400 · Court of Appeals for the Fifth Circuit · Jul 2, 2014

: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” 8 A fact finding “is clearly erroneous if it is without substantial evidence to support it, the court misinterpreted the effect of the … This further establishes that neither Bennett’s report nor Trinity’s amended returns applied the shrinking-back rule in the base period.

Williams v. General Motors Corp.

656 F.2d 120 · Court of Appeals for the Fifth Circuit · Sep 14, 1981

Marshall, though, clearly acknowledged that “McDonnell Douglas [did] not establish an immutable definition of a prima facie case,” 554 F.2d *128 at 735. … The relevant House report clearly declared “[i]t is, of course, not the purpose of this legislation to require the employment, regardless of age, of one not otherwise qualified.”

United States v. Goluba

672 F.3d 304 · Court of Appeals for the Fifth Circuit · Feb 22, 2012

While that issue has not yet been addressed by this circuit, or apparently any other, the majority’s opinion clearly misses the mark. … The majority concludes that, in light of those acts, Goluba’s conduct was not limited to “that of a mere viewer of child pornography” and he does not qualify for the reduction.

Appling County v. Municipal Electric Authority of Georgia

621 F.2d 1301 · Court of Appeals for the Fifth Circuit · Jul 23, 1980

that a claim is frivolous or insubstantial, i.e., a claim that has no plausible foundation, or when the court concludes that a prior Supreme Court decision clearly forecloses the claim. … Under this standard, the plaintiffs’ Constitutional claims are clearly insubstantial, and lack any plausible foundation. The Georgia statutes creating and governing MEAG, Ga.

Southern Ry. Co. v. Wilder

231 F. 933 · Court of Appeals for the Fifth Circuit · Apr 13, 1916

They both have the same general lien on the defendant’s property, as qualified above.” … It clearly follows that in this case the petitioner has no lien entitled to priority over the lien given to the trustee under the amendment of 1910. The petition for revision is denied.

Williams v. Administrative Review Board

376 F.3d 471 · Court of Appeals for the Fifth Circuit · Jul 15, 2004

It is undisputed that Sottile applied for the position, was qualified, and was rejected. … better qualified candidate.

Brenda Davis v. City of Dallas, Cynthia Jayne Durbin v. City of Dallas

777 F.2d 205 · Court of Appeals for the Fifth Circuit · Nov 26, 1985

The district court’s finding is not clearly erroneous. … they are actually qualified.