Case law

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.

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.

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.

Randy Rene Lozano v. William French Smith, Elton Faught

718 F.2d 756 · Court of Appeals for the Fifth Circuit · Nov 3, 1983

In Owen , the Supreme Court held that cities sued under section 1983 are not entitled to a qualified good faith immunity based on the good faith of its officials. … However, the officials still retain their qualified good faith immunity in their individual capacities. .

Joseph Earl Wilder v. United States

246 F.2d 186 · Court of Appeals for the Fifth Circuit · Jul 16, 1957

“And the second one is in the event that you find that the Government has failed to establish his guilt beyond a reasonable doubt. That simply says: ‘We, the Jury, find the defendant, Joseph Earl Wilder, Not Guilty. … In this situation, and it appearing clearly that they intended to convict the accused, it was not necessary to repeat the former charge in full.

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.

Earnest C. Poore v. Louisville and Nashville Railroad Company

235 F.2d 687 · Court of Appeals for the Fifth Circuit · Jul 20, 1956

When he was laid off in July 1954, he had had only 968 of the 1040 required days of actual experience to qualify. … to perform the work they stand to protect; where they are not qualified, they will be demoted and junior qualified upgraded helpers retained.” 8 .

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

United States v. Larry Weldon Todd and James Clyde Short, Jr.

735 F.2d 146 · Court of Appeals for the Fifth Circuit · Jun 14, 1984

Unlike Brown the record here clearly establishes violations of the amended act by the appellants during the relevant time period. … In *151 this case the conspiracy clearly continued past the effective date of the amendments enhancing the penalty. III.

AG Acceptance Corp. v. Veigel

564 F.3d 695 · Court of Appeals for the Fifth Circuit · Apr 1, 2009

The party seeking homestead protection has the burden of establishing that a parcel of land qualifies as a homestead. Chapman v. Olbrich, 217 S.W.3d 482, 495–96 (Tex. App.—Houston [14th Dist.] 2006, no pet.). … establish a homestead under Texas law.

Kapche v. City of San Antonio

304 F.3d 493 · Court of Appeals for the Fifth Circuit · Aug 30, 2002

The Act expresses that mandate clearly by defining "disability" "with respect to an individual," 42 U.S.C. § 12102(2), and in terms of the impact of an impairment on "such individual," § 12102(2)(A). … Finally of note, the Supreme Court more recently addressed whether the diagnosis alone of carpal tunnel syndrome could establish a disability under the ADA in Toyota Motor Mfg., Kentucky, Inc. v.

William Perlman v. Federal Energy Regulatory Commission

845 F.2d 529 · Court of Appeals for the Fifth Circuit · Jun 17, 1988

importance to the instant case is the definition established by the FERC for “recompletion tight formation gas” qualifying for incentive price. … Order No. 99 established guidelines for formally designating tight formations and for determining if wells drilled into such formations would qualify for incentive pricing. 2 Thus, Perlman’s reliance in reentering the Cauthorn

In Re Chicken Antitrust Litigation American Poultry

669 F.2d 228 · Court of Appeals for the Fifth Circuit · Mar 1, 1982

Prior to the decision in Illinois Brick, this court ruled adversely to the NBMA on its claim of antitrust immunity under the Cap-per-Volstead Act. In United States v. … Clearly, the first prong of our test for adequate representation was met.

Winters v. Diamond Shamrock Chemical Co.

149 F.3d 387 · Court of Appeals for the Fifth Circuit · Aug 18, 1998

validity of an asserted official immunity defense. … “One of the primary purposes of the removal statute--as its history clearly demonstrates--was to have such defenses litigated in the federal courts. . . .

Carachuri-Rosendo v. Holder

570 F.3d 263 · Court of Appeals for the Fifth Circuit · Jun 2, 2009

state possession crimes that correspond to felony violations of one of the three statutes enumerated in § 924(c)(2), such as possession of cocaine base and recidivist possession, see 21 U.S.C. § 844(a), clearly … Accordingly, he reprises his argument that recidivism should be established at the prior state criminal proceeding, not by an immigration judge.

Park v. Commissioner

25 F.3d 1289 · Court of Appeals for the Fifth Circuit · Jun 30, 1994

Jones now asserts that the tax court erroneously determined that she did not qualify for innocent spouse relief because she failed to establish that she, in signing the 1981 joint return, did not know or had no reason … We conclude that this determination was not clearly erroneous.

Rev. B. Elton Cox v. State of Louisiana

348 F.2d 750 · Court of Appeals for the Fifth Circuit · Jun 29, 1965

The Court found that the “record here clearly shows that the [police and city] officials * * * gave permission for the demonstration to take place across the street from the courthouse”. … Judge Tuttle, for the Court, said: “Congress, while carving out rights and immunities in the area of civil rights, has provided a jurisdictional basis for efficiently and appropriately protecting those rights and immunities