Case law

United States v. Corey Juluke

426 F.3d 323 · Court of Appeals for the Fifth Circuit · Sep 20, 2005

In relevant part, the criminal forfeiture statute provides that any person convicted of a qualifying violation shall forfeit “[a]ny property constituting, or derived from any proceeds the person obtained, directly or indirectly … The “adjustment should be applied if the weapon was present, unless the defendant establishes that it was clearly improbable that the weapon was connected with the offense.” United States v.

R. A. Haberman, Jr., Independent of the Estate of Elizabeth H. Gravis, Deceased v. The Equitable Life Assurance Society of the United States

224 F.2d 401 · Court of Appeals for the Fifth Circuit · Sep 16, 1955

Equitable had not registered the annuity as a “security” under the Texas Securities Act, Art. 600a, nor qualified under that act as a “securities dealer.” … terminated or diminished if, after the receipt of the benefit, circumstances have so changed that it would be inequitable to require the other to make full restitution. * * * ” We think that such a change of circums i.ances is clearly

Danny L. Russell v. Plano Bank & Trust

130 F.3d 715 · Court of Appeals for the Fifth Circuit · Dec 19, 1997

In Niehus , the court based its decision, at least in part, on the fact that "[l]he uncontradicted affidavit by the defendants’ lawyer ... established] that there was no violation of Rule 51.” Id. at 530 . … We do not think that a party's failure to make a formal, on-the-record objection or to state clearly the grounds for their objection, as required by Rule 51, may be remedied by the submission of an affidavit stating that

Alisa D. Johnson v. Delchamps, Inc.

897 F.2d 808 · Court of Appeals for the Fifth Circuit · May 21, 1990

On remand Delchamps again moved for summary judgment, this time claiming that Johnson’s at-will status immunized it from liability for her dismissal, that her exclusive remedy lay under the Louisiana worker’s compensation … Orkin Exterminating Co., 540 So.2d 363 (La.App.1989), as establishing a cause of action for polygraph malpractice in Louisiana.

Federal Deposit Insurance Corporation, as Liquidator for the Hamilton National Bank of Chattanooga v. Lattimore Land Corporation

656 F.2d 139 · Court of Appeals for the Fifth Circuit · Sep 14, 1981

Sovereign Immunity Before reaching the question of whether section 1823 protects it against this claim, the FDIC raises a defense of sovereign immunity. … Clearly the Court was aware of that provision because the obligors urged the Recile opinion on the Court.

George H. Jones and Betty A. Jones v. Commissioner of Internal Revenue

927 F.2d 849 · Court of Appeals for the Fifth Circuit · Apr 2, 1991

Jones’ decision in no way furthers the clearly enunciated legislative purpose behind sections 913 and 911 of encouraging foreign employment of United States’ citizens. … While an exact definition of ‘abode’ depends upon the context in which the word is used, it clearly does not mean one’s principal place of business.

Equal Employment Opportunity Commission v. International Longshoremen's Ass'n

623 F.2d 1054 · Court of Appeals for the Fifth Circuit · Aug 13, 1980

The Law of the Case It is well established that a decision of a legal issue by an appellate court establishes “the law of the case” which must be followed in all subsequent proceedings in the same case in the trial court … The district court here did not follow the law of the case as established by this court in the prior appeal.

Frank Slavin v. Tim Curry, District Attorney

690 F.2d 446 · Court of Appeals for the Fifth Circuit · Nov 1, 1982

Clearly, what may constitute exceptional circumstances depends upon the facts in each case. Consequently, the decision whether to appoint counsel properly lies within the sound discretion of the district court. … “One of the oldest established rules of Anglo-American jurisprudence is that the jury is the arbiter of credibility of witnesses.” U. S. v. Cravero, 530 F.2d 666, 670 (5th Cir. 1976); Hoffa v. U.

Sarmiento v. Texas Board of Veterinary Medical Examiners

939 F.2d 1242 · Court of Appeals for the Fifth Circuit · Aug 28, 1991

Facts and Proceedings Below 2 In 1985, Sarmiento moved with his wife to the small town of Comfort, Texas, intending to establish a veterinary practice. … Notably, no federal claims were asserted against Seidensticker. 3 The claims against the other defendants were disposed of before trial by stipulation or dismissed on the grounds of qualified immunity, leaving only the slander

United States v. Taylor

263 F. App'x 402 · Court of Appeals for the Fifth Circuit · Jan 23, 2008

The district court’s factual findings will be upheld unless they are clearly erroneous. United States v. Barlow, 17 F.3d 85, 89 (5th Cir.1994). B. … To establish that an ACCA enhancement is proper, the Government bears the initial burden of establishing the defendant’s prior convictions. See Barlow, 17 F.3d at 89 .

John R. Nations v. W. W. Morris and American Motorists Insurance Co.

483 F.2d 577 · Court of Appeals for the Fifth Circuit · Dec 3, 1973

In return for sometimes awesome obligations it extends to the employer and fellow employees an absolute civil immunity. … The scope of coverage, and immunities therefrom, is dealt with in two other sections.

Ralli-Coney, Inc. v. Derryal Gates

528 F.2d 572 · Court of Appeals for the Fifth Circuit · Mar 12, 1976

However, in the case at hand there is no ambiguity as there was in Ford because the language of both contracts clearly provides that the contracts were for the sale of all cotton produced on the accurately described acreage … Liability was established as permitted by F.R.C.P. 56(d) against the defendants by the Court’s order of November 22, 1974 (App. 89-90).

Mae D. IVY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee

898 F.2d 1045 · Court of Appeals for the Fifth Circuit · Apr 25, 1990

The medical evidence clearly demonstrates that Ivy has a long, consistent history of serious obesity with progressively severe hypertension. In 1968 she was hospitalized for a hysterectomy. … A claimant is eligible for benefits only if the onset of the qualifying medical impairment began on or before the date the claimant was last insured. POMS § DI 25501.050(B)(1).

Irving Independent School District v. Packard Properties

970 F.2d 58 · Court of Appeals for the Fifth Circuit · Aug 27, 1992

Reading § 1825(b) It is well established that "a State may not, consistent with the Supremacy Clause, U.S. … Const, Art VI, cl 2, lay a tax "directly upon the United States' ".4 It is also well established that Congress may waive this immunity by statute.

United States v. Lynn Ellis Hall

449 F.2d 1206 · Court of Appeals for the Fifth Circuit · Oct 27, 1971

that the quotas were properly established. … His failure to return was clearly tantamount to a refusal to step forward.

Marshall v. Airpax Electronics, Inc.

595 F.2d 1043 · Court of Appeals for the Fifth Circuit · May 23, 1979

Neshick was denied the position, it clearly appears that there was no job opening at the time of the interview and, of course, the position did not remain open because it had been previously filled. … Neshick was qualified for the position she was seeking. Thus the Government could not show that age was a determining factor in Ms. Neshick’s failure to get the job. See Mastie v.

Christopher v. Kendavis Holding Co. (In Re Kendavis Holding Co.)

249 F.3d 383 · Court of Appeals for the Fifth Circuit · Apr 23, 2001

We review the bankruptcy court’s findings of fact under the clearly erroneous standard and decide issues of law de novo. See Henderson v. … The evidence clearly established that Sequa possessed sufficient knowledge to impose a duty on the company to protect its rights in the bankruptcy court.

Nichols v. Loral Vought Sys

Court of Appeals for the Fifth Circuit · Apr 22, 1996

Last, Nichols points to evidence purportedly showing that he was clearly better qualified than younger workers allowed to remain at Loral Vought. … A genuine issue of material fact exists when evidence shows the plaintiff was "clearly better qualified" than younger employees who were retained.

Texas v. United States

730 F.2d 339 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

Section 203 creates a permissible zone of rate flexibility, within which rate increases enjoy a qualified immunity from reasonability challenges. Id. § 10707a. … When Congress seeks to end a situation of conflicting regulatory schemes and to establish uniform regulatory standards, it has clearly manifested its intent to preempt state law. See City of Burbank v.

Andricka Stewart v. Waco Independent School Dist

711 F.3d 513 · Court of Appeals for the Fifth Circuit · Mar 14, 2013

“To establish a pri-ma facie case of discrimination under the ADA, [a plaintiff] must demonstrate: (1) that she is a qualified individual within the meaning of the ADA; (2) that she was excluded from participation in, or … the first three incidents. 10 But, “the fact that measures designed to stop harassment prove later to be ineffective does not establish that the steps taken were clearly unreasonable in light of the circumstances known by