Case law

Chevron U. S. A., Inc. v. United States Environmental Protection Agency

658 F.2d 271 · Court of Appeals for the Fifth Circuit · Sep 14, 1981

. § 7607 (d)(l)(N), and accordingly established a public comment period and public docket. … to the Administrator’s proposed determination, Chevron filed written comments asserting, inter alia, that Breton was not over 5,000 acres on August 7, 1977, the relevant statutory date, and that Breton therefore did not qualify

Westberry v. Gilman Paper Co.

507 F.2d 206 · Court of Appeals for the Fifth Circuit · Jan 22, 1975

Breckenridge, supra, in order to establish the background against which we evaluate the matter sub judice. In Griffin v. … But each of the reasons given reflects circumstances clearly distinguishable from those of the instant case.

Fort Bend Independent School District v. City of Stafford

594 F.2d 73 · Court of Appeals for the Fifth Circuit · May 31, 1979

The parties agree that Stafford complied with all relevant state requirements for establishing a school district. … The Board of Trustees of FBISD is clearly so charged. In U. S. v.

Clifton v. Heckler

755 F.2d 1138 · Court of Appeals for the Fifth Circuit · Mar 25, 1985

Because the EAJA represents a waiver of the federal government’s immunity from suits for attorney’s fees 11 and because a waiver of sovereign immunity must be construed strictly, 12 we hold that the statutory time limitation … The Equal Access to Justice Act significantly abridged the government’s immunity from suits for attorneys' fees. As a waiver of sovereign immunity, the Act must be strictly construed.

Evans v. City of Bishop

238 F.3d 586 · Court of Appeals for the Fifth Circuit · Dec 12, 2000

SOVEREIGN IMMUNITY DOES NOT BAR ADEA CLAIM Bishop asserts that Evans’s ADEA claim is barred because the ADEA has recently been held to be an invalid abrogation of a state’s sovereign immunity. … Rogers further maintained that he believed Villarreal was the best-qualified applicant.

M. L. Boone v. Fort Worth & Denver Railway Company

223 F.2d 766 · Court of Appeals for the Fifth Circuit · Jun 30, 1955

C.A.Appendix, § 1471 et seq.], is eligible to, and qualifies under the law, and in accordance with said laws, for re-entry into our railroad service, will be re-established in our employ by the following plan: “A veteran … General Mills, Inc., 6 Cir., 1949, 173 F.2d 138, 140 , where it is said: “The clearly expressed intention of the Congress is two-fold: First, to protect the veteran by insuring him reemployment, and second, to give the employer

In Re: Deepwater Horizon

Court of Appeals for the Fifth Circuit · Jul 16, 2015

That settlement agreement established a fund and an elaborate multi-tiered claims process. … Immediately appealable orders include: those rejecting absolute immunity or qualified immunity; denying a state’s claim to Eleventh Amendment immunity; and—in the criminal context—a defendant’s adverse ruling on a double

United States v. Maximo Avila-Dominguez, Albert Perez, Evangeline Salazar and Carolyn Sanchez

610 F.2d 1266 · Court of Appeals for the Fifth Circuit · Feb 1, 1980

The INS agents clearly had probable cause to arrest defendants. An agent testified he had dealt with the informant on twenty prior occasions and was convinced of his reliability. … The searches of defendants incident to their lawful arrests were clearly proper, United States v.

Grover John Moran, Iii. v. Frank Blackburn, Warden, Louisiana State Penitentiary

781 F.2d 444 · Court of Appeals for the Fifth Circuit · Jan 28, 1986

David Shraberg, whom the magistrate recognized as qualified to testify in the field of forensic psychiatry, testified on the basis of his review of Moran’s medical records, Moran’s statement, and transcripts of prior proceedings … Latour’s is not clearly erroneous. Moran has thus failed to establish that his confession was involuntary.

Smith v. United States

497 F.2d 500 · Court of Appeals for the Fifth Circuit · Jul 19, 1974

However, we are guided by established general principles which we think point our way to a sound result. … Clearly, Ronlee could not delegate to a subcontractor its contractual obligation to superintend subcontractors.

United States v. Clarence Haines

Court of Appeals for the Fifth Circuit · Nov 5, 2015

I think his training and experience in drug investigations, and clearly there was numerous investigations involving the use of code words and slang by drug traffickers establishing and qualifying him to … The defense argued that “[Lockhart] has been qualified as an expert.

BST Holdings, L.L.C. v. OSHA

17 F.4th 604 · Court of Appeals for the Fifth Circuit · Nov 12, 2021

Likewise, a naturally immune unvaccinated worker is presumably at less risk than an unvaccinated worker who has never had the virus. … Congress must “speak clearly if it wishes to assign to an agency decisions of vast economic and political significance.” Util. Air Regul. Grp. v. EPA, 573 U.S. 302, 324 (2014) (cleaned up).

Lacy Thompson v. New York Life Insurance Company

644 F.2d 439 · Court of Appeals for the Fifth Circuit · May 4, 1981

To qualify for continued Nylic membership the agent must comply with a number of conditions. … However, the trial court found that appellant had failed to establish by use of affidavit or otherwise, that tender was not made so the trial court declined to issue summary judgment.

J. T. Lott v. United States

230 F.2d 915 · Court of Appeals for the Fifth Circuit · May 28, 1956

Consequently we hold that there was a sufficient connection established and the evidence was properly admissible. … The admissibility test with respect to this testimony was clearly satisfied.

United States v. Vargas-Soto

35 F.4th 979 · Court of Appeals for the Fifth Circuit · Jun 2, 2022

But AEDPA clearly distinguishes a request for authorization to file a motion for relief from the motion itself. Compare, e.g., 28 U.S.C. … Fisher, 565 U.S. 34, 38–41 (2011) (holding later-decided Supreme Court decisions cannot constitute “clearly established law” under § 2254(d), and that state court decisions instead must be reviewed only under precedent

Rawls v. Daughters of Charity of Saint Vincent De Paul, Inc.

491 F.2d 141 · Court of Appeals for the Fifth Circuit · Mar 15, 1974

It shall be accompanied by a certificate of the coroner and one other qualified physician, stating that they have examined the patient within three days of the application and that he is in need of observation or care in … The Louisiana decisions clearly dealing with false imprisonment claims have held that for false imprisonment to take place there must be a total and unlawful restraint of a person’s freedom of locomotion. Crossett v.

Scofield v. O'Connor

241 F.2d 65 · Court of Appeals for the Fifth Circuit · Feb 1, 1957

directed to bringing us into agreement with his contentions: that in Hawn’s case this court held that, though Congress had provided no standard or guide, this and other courts, by the use of a kind of slide rule method not clearly … if at all revealed in the decision, could, in their uncontrolled discretion, determine as a fact in each case whether a sale of an oil payment interest is or is not too insubstantial to qualify for capital gains treatment

United States v. Jonathan R. Edwards, Jr., Sheriff of Rankin County, Mississippi

333 F.2d 575 · Court of Appeals for the Fifth Circuit · Jun 18, 1964

Unless the proof clearly establishes an abuse of that discretion, *579 we must affirm. J. M. Fields of Anderson, Inc. v. Kroger Co., (5th 1962) 310 F.2d 562 ; Shuttlesworth, et al. v. … with the Government’s interpretation of the Wood case because in that case the granting of injunctive relief was sustained on the theory that the continued prosecution of the Negro was designed to, and would intimidate qualified

United States v. Phillip Horton

950 F.3d 237 · Court of Appeals for the Fifth Circuit · Feb 13, 2020

“Under the clearly erroneous standard, we will uphold a finding so long as it is plausible in light of the record as a whole.” United States v. … Horton also has failed to establish the third prong of plain error because “he fail[ed] to show that an [additional] explanation would have changed his sentence.” United States v.

United States v. Perez

526 F.2d 859 · Court of Appeals for the Fifth Circuit · Feb 9, 1976

The decision of the trial judge may not be upset on appeal unless clearly erroneous. [Footnotes omitted]. See also McCormick, On Evidence, § 62 at 140 (2d ed. 1972). … Furthermore, Jaime Gleason Torres and Oscar Torres Carejo after being granted immunity testified that they had received heroin from Jimmie Gleason Perez which they resold to officer Lewis. R.