Case law

Estate of Monroe v. Commissioner

124 F.3d 699 · Court of Appeals for the Fifth Circuit · Oct 9, 1997

DISCUSSION The Tax Court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are reviewed de novo. See Houston Oil & Minerals Corp. v. … The clearly erroneous standard does not apply, however, when the Tax Court’s fact findings are predicated on an incorrect legal standard. See Houston Oil & Minerals Corp. v.

Amber Ibarra v. United Parcel Service, Inc.

695 F.3d 354 · Court of Appeals for the Fifth Circuit · Sep 13, 2012

The grievance process established in the CBA forms the exclusive remedy for Ibarra’s Title VII claim only if the CBA clearly and unmistakably waives Ibarra’s right to pursue her Title VII claim in a judicial forum. … Turning to the CBA in this case, we ask whether it “clearly and unmistakably requires union members” to submit their Title VII claims to the grievance process established by the agreement.16 An answer requires a close look

United States Marine, Inc. v. United States

478 F. App'x 106 · Court of Appeals for the Fifth Circuit · May 11, 2012

It is uncontested that the Navy’s disclosure of the Mark V designs may qualify as a breach of its contractual promise; whether such breach could also qualify as a tortious act under Virginia law is rendered irrelevant by … Any claims stemming from the alleged breach of such provisions clearly sound in contract.

Valdez v. San Antonio Chamber of Commerce

974 F.2d 592 · Court of Appeals for the Fifth Circuit · Sep 25, 1992

That contention conflicts with the clearly established rule that plaintiffs are not entitled to a jury trial when they are seeking only equitable relief under Title VII and, as such, we reject it. See Great Am. Fed. … In the present case, Valdez established a prima facie case of discrimination.

James Spence v. Wallace Nelson

533 F. App'x 368 · Court of Appeals for the Fifth Circuit · Mar 14, 2013

Finally, “because qualified immunity turns only upon the objective reasonableness of the defendant’s acts, a particular defendant’s subjective state of mind has no bearing on whether that defendant is entitled to qualified … immunity.”

Peace v. American General Life Insurance

462 F.3d 437 · Court of Appeals for the Fifth Circuit · Aug 24, 2006

The Supreme Court clearly has stated that a “need” for such scheme must be created. … We decline to address Halliburton’s assertion because it is inadequately briefed; Halliburton fails to explain how the annuity qualifies as a “top hat” plan. See Peavy v.

Hernandez v. Hill Country Telephone Cooperative, Inc.

849 F.2d 139 · Court of Appeals for the Fifth Circuit · Jun 17, 1988

were filled by less qualified Anglo-Caucasians. … Once again, the factual findings are protected by Fed.R.Civ.P. 52(a) and are not clearly erroneous.

Arriba Ltd. v. Petroleos Mexicanos

Court of Appeals for the Fifth Circuit · Jun 8, 1992

The district court held that Pemex failed to establish that its activities fell outside the "commercial activities" exception to the FSIA's recognition of sovereign immunity. See 28 U.S.C. § 1605(a)(2). … MICHAEL WALLACE GORDON, FOREIGN STATE IMMUNITY IN COMMERCIAL TRANSACTIONS § 6.18 at 6–46 (1991) [hereinafter "GORDON"]. However, the Court did qualify its holding in two important respects.

McDermott, Inc. v. Boudreaux

679 F.2d 452 · Court of Appeals for the Fifth Circuit · Jun 28, 1982

Thus, the Board concluded that “[djecedent was clearly a ‘shiprepairman’ in employer’s yard from March 23, 1976, until his death on June 18, 1976.” … Robison ... established in the Fifth Circuit the test for seaman status under the Jones Act.” Abshire v.

In The Matter Of Fidelity Holding Company, Ltd.

837 F.2d 696 · Court of Appeals for the Fifth Circuit · Feb 17, 1988

its claim under this standard. 6 The State appealed the decision to the district court, which held that the correct standard of proof had been applied by the bankruptcy court and that the court's findings of fact were not clearly … Guin, a thoroughly qualified witness, testified that Nipak's books were in disarray and contained various errors.

Otha GRIGSBY Et Al., Plaintiffs-Appellants, v. NORTH MISSISSIPPI MEDICAL CENTER, INC., Defendant-Appellee

586 F.2d 457 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

As to the class, the court determined that no prima facie case had been established; therefore, the burden never shifted to defendant. … This is not clearly erroneous.

United States v. Morris

46 F.3d 410 · Court of Appeals for the Fifth Circuit · Feb 16, 1995

Here, the evidence clearly establishes every defendant's participation in at least one conspiracy. … Malone first argues that the evidence clearly establishes that he was less involved than Costa, Willie Morris, and Owens.

Carlos Poree v. Kandy Collins

Court of Appeals for the Fifth Circuit · Jul 31, 2017

established that what the state court did was incorrect. 18 Bringing to mind the Supreme Court’s recent statements on “clearly established law” in the qualified immunity context, 19 the majority answers whether the state … court’s analysis was clearly established as improper, instead of answering whether the state court’s decision was contrary to the clearly established law it previously identified.

Fakouri v. Cadais

147 F.2d 667 · Court of Appeals for the Fifth Circuit · Feb 22, 1945

The securities furnished by appellant fall within the provisions of this law, which clearly are supplementary to Rule 73 (d). … The rule ■ established by these old cases has been consistently followed and is applied by the courts of Louisiana today. In Gaines v.

Avant v. South Central Bell Telephone Co.

716 F.2d 1083 · Court of Appeals for the Fifth Circuit · Oct 11, 1983

Further, this decision— that Bell had not treated Avant in a discriminatory manner by not hiring him — like any other factual finding of a district court, will stand unless clearly erroneous under F.R.Civ.P. 52(a). … Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), a plaintiff may establish a prima facie case of racial discrimination by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified

United States v. Claiborne

676 F.3d 434 · Court of Appeals for the Fifth Circuit · Mar 28, 2012

The district court determined that Claiborne had not met his burden of establishing that he was substantially less culpable than Weldon. … “It is not enough that a defendant does less than other participants; in order to qualify as a minor participant, a defendant must have been peripheral to the advancement of the illicit activity.” Id.

Giles v. General Electric Co.

245 F.3d 474 · Court of Appeals for the Fifth Circuit · Mar 19, 2001

allegations to establish existence of the injury. … We clearly apply the Johnson criteria.”

Jenkins v. First Nat. Bank in Dallas

107 F.2d 764 · Court of Appeals for the Fifth Circuit · Dec 2, 1939

Bradford, Sr. of Dallas, Texas, established a trust for the benefit of his minor grandson, Hugh Bradford. … Jenkins as guardian of the said Hugh Bradford if he shall qualify as such, but during all such times the income shall be retained by the Trustee and become a part of the corpus of the trust estate.” H. J.

Cardwell v. United States

186 F.2d 382 · Court of Appeals for the Fifth Circuit · Jan 17, 1951

And the question here is not whether the representation was false but whether or not the evidence clearly and convincingly established fraud. … The testimony was clearly hearsay and the court did not err in excluding it on that ground.

United States v. Stewart

Court of Appeals for the Fifth Circuit · Mar 3, 2000

Although we are not entirely convinced § 1955 has been consistently interpreted to contain the unwritten qualifier of “violation of [a criminal] law of the State,”3 as Appellants suggest, … Miss. 1999) (holding that unlicensed gambling “was clearly criminal and illegal”). 7 But see Weinstein v.