Case law

Marvin E. Myers v. Griffin-Alexander Drilling Co. v. Camco, Inc.

910 F.2d 1252 · Court of Appeals for the Fifth Circuit · Sep 7, 1990

Van Meter was also qualified to testify to the effects of those gases at sea level. B. … The damage award for past pain and suffering is not clearly erroneous.

Dickens v. United States

545 F.2d 886 · Court of Appeals for the Fifth Circuit · Jan 20, 1977

Two qualified experts testified on matters relevant to such determination. … The court held this evidence to be "entirely too remote to establish the future earnings of deceased."

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.

United States v. Frank S. Buhler

305 F.2d 319 · Court of Appeals for the Fifth Circuit · Jul 6, 1962

The reference in the commission’s report to witnesses Brown and Fuller is clearly misplaced. … These were the two witnesses who, by reason of their training and experience, were fully qualified to give opinion evidence on this point.

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.

State of Texas v. National Bank of Commerce of San Antonio, Texas

290 F.2d 229 · Court of Appeals for the Fifth Circuit · Jun 15, 1961

Clearly this is what the Secretary has done in the present case. … They are integral parts of the War Department, share in fulfilling the duties entrusted to it, and partake of whatever immunities it may have under the Constitution and federal statutes.'

Varnado v. Flemming

295 F.2d 693 · Court of Appeals for the Fifth Circuit · Oct 13, 1961

Applying this rule to the instant case, there can be no doubt that this appellant must qualify for disability payments since his condition is far more disabling than was Booker's, and he has been unable to earn any money … Based upon the original evidence, the record clearly shows that, under the medical evidence, claimant was disabled from any work involving standing, sitting, walking or lifting, and that the lower court concluded that the

Olympic Towing Corporation v. Nebel Towing Company, Inc.

419 F.2d 230 · Court of Appeals for the Fifth Circuit · Mar 23, 1970

Cushing, 12 a 4-1-4 decision which established a procedural chronology for that case and implicitly disposed of many questions raised here. … Charles Ferran & Co. 28 After pointing out a number of defenses which have been held to be “personal” under Louisiana *238 law — e. g., infancy, 29 coverture, 30 charitable immunity, 31 governmental immunity, 32 bankruptcy

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.

United States v. Clarence Haines

Court of Appeals for the Fifth Circuit · Oct 20, 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.

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.

United States v. Fullwood

342 F.3d 409 · Court of Appeals for the Fifth Circuit · Aug 8, 2003

admission standard: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … Finding him to be a leader or organizer was not clearly erroneous.

United States v. Daniel Ugochi Ihegworo

959 F.2d 26 · Court of Appeals for the Fifth Circuit · May 6, 1992

Ihegworo contends that the district court’s factual finding on this issue was clearly erroneous. See infra note 9. 4 . … In this case, Wilson’s testimony was sufficiently reliable; her testimony was against her penal interest, and she was testifying without a grant of immunity. 10 .

Butler v. United States

726 F.2d 1057 · Court of Appeals for the Fifth Circuit · Mar 12, 1984

The court stated that these actions were “operational” in nature and thus did not enjoy immunity. Id. at 1018 . … We find that the district court’s finding in this regard, based on the evidence presented, is not clearly erroneous.

State of Louisiana v. Biden

55 F.4th 1017 · Court of Appeals for the Fifth Circuit · Dec 19, 2022

Md. 2009). 29 Establishing Paid Sick Leave for Federal Contractors, 80 Fed. … There can be little doubt that OSHA’s mandate qualifies as an exercise of such authority.” Id. (quoting Alabama Assn. of Realtors v. Department of Health and Human Servs., 141 S.

Ronald Newton v. Latasha Joseph

Court of Appeals for the Fifth Circuit · Feb 9, 2018

Government officials are protected from liability for civil damages by the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Thus, the law is clearly established. We reiterated this in the unpublished decision of Hamer, 364 F.

United States ex rel. Maceo v. Hammond

98 F.2d 187 · Court of Appeals for the Fifth Circuit · Jul 22, 1938

Under federal practice, the grand jury consists of not less than sixteen nor more than twenty-three qualified persons. … Aside from the question of identity, which seems to us to be clearly established, the evidence in this case, when boiled down, consists of the indictment on the one hand, and the relator’s general denial on the other.

Mayo v. Cockrell

287 F.3d 336 · Court of Appeals for the Fifth Circuit · Mar 28, 2002

The issue before us, pursuant to AEDPA standards, is whether the state courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of … The district court here seized on the absence of “clearly established Federal law, as determined by the Supreme Court ....,” and concluded that the period for filing a motion for new trial is not clearly a critical phase;

United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell Ward

488 F.2d 1154 · Court of Appeals for the Fifth Circuit · Mar 7, 1974

The proof in the case at bar clearly shows the existence of both an illegal agreement to rob this bank and overt acts by members of that conspiracy in furtherance of the plan. … A reasonable juror could also believe that it established that Charles Ward had handled a portion of the stolen funds.