Case law

Billy Floyd (Pete) Brazzell v. Bobby Adams, Etc., No. 73-3279 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409

493 F.2d 489 · Court of Appeals for the Fifth Circuit · May 2, 1974

subsequent civil suit against state agents as to facts necessarily admitted by a plea of guilty in a state prosecution. 4 The general principle of collateral estoppel is that 'a fact decided in an earlier suit is conclusively established … Mitchell, D.Va., 1973, 354 F.Supp. 86,90 . 7 We also note that as to the defendant district attorney the complaint is due to be dismissed for a second reason, that of immunity-- there are no allegations of actions clearly

Jasper v. Federal Emergency Management Agency

414 F. App'x 649 · Court of Appeals for the Fifth Circuit · Feb 25, 2011

reviewing the FEMA–AME contract and an affidavit submitted by FEMA’s Contracting Officer’s Technical Representative, Thomas Warder, the district court concluded that FEMA’s relationship with AME was sufficiently disconnected to qualify … 00511394201 Page: 4 Date Filed: 02/25/2011 No. 10-30841 based in part on the resolution of disputed facts, however, this court accepts the district court’s findings unless they are “clearly

United States v. Freeman

660 F.2d 1028 · Court of Appeals for the Fifth Circuit · Nov 12, 1981

DeWeese testified during the government’s case-in-chief pursuant to a court order and a grant of use immunity. … These cases do not aid appellants because more than mere presence has been established in the instant case. In United States v.

Standard Portland Cement Co. v. Foley

270 F. 203 · Court of Appeals for the Fifth Circuit · Jan 27, 1921

An exception to this general rule is well established, which holds that where an employé receives for use a defective appliance, and with knowledge of the defect continues to use it without notice to the employer, he cannot … The bill of exceptions in this case does not purport to contain all of the court’s charge, and therefore it is impossible to ascertain whether charges refused were elsewhere given, or whether charges given were not so qualified

United States v. Richard Alston

460 F.2d 48 · Court of Appeals for the Fifth Circuit · Jun 1, 1972

Because that testimony tends to establish a certain methodology of operation and because it also tends to establish Alston’s knowledge of the substance that he sold to Johnson, we conclude that it was not erroneously admitted … The jury was clearly instructed that it was to consider Alston’s innocence or guilt solely on the alleged sale of November 20.

Christopher Crane v. Jeh Johnson

783 F.3d 244 · Court of Appeals for the Fifth Circuit · Apr 7, 2015

Mississippi produced no studies or other evidence tending to establish that the DACA program would add to the state’s already existing costs. … Burden of Compliance Next, the Agents assert that the burden of compliance with DACA qualifies as a sufficient injury to satisfy the requirements of constitutional standing.

William Wiley v. Christopher Epps, Commissioner

Court of Appeals for the Fifth Circuit · Nov 4, 2010

established federal law. … Because the Tennessee courts unreasonably applied federal law clearly established by Ford, this Court does not afford AEDPA deference to their dismissal of Thompson’s petition.”).

Fed. Sec. L. Rep. P 90,465, Pens. Plan Guide (Cch) P 23954h Patricia J. Matassarin, Individually, for and on Behalf of the Great Empire Broadcasting Employee Stock Ownership Plan and Its Beneficiaries for and on Behalf of That Class of Persons, Participants And/or Beneficiaries of the Great Empire Broadcasting Employee Stock Ownership Plan, Past or Present, Defrauded v. F.F. Mike Lynch, Individually and as Trustee for the Great Empire Broadcasting Employee Stock Ownership Plan (Esop) Michael C. Oatman, Individually and as Trustee for the Great Empire Broadcasting Employee Stock Ownership Plan (Esop) Danny E. Jenkins, Individually and as Former Trustee of the Esop and Agent of the Trustees and Agent of the Administrator of the Great Empire Broadcasting Employee Stock Ownership Plan Great Empire Broadcasting, Inc., Individually and as a Plan Administrator for the Great Empire Broadcasting Employee Stock Ownership Plan, and the Great Empire Broadcasting Employee Stock Ownership Plan "Administrative Committee" Great Empire Broadcasting Inc., Individually and as Plan Administrator for the Great Empire Broadcasting Employee Stock Ownership Plan Karen K. Warner, Cpa, Individually and as a Member of the Great Empire Broadcasting Employee Stock Ownership Plan "Administrative Committee" Unknown Members of the "Board of Directors", of the Great Empire Broadcasting Employee Stock Ownership Plan Menke & Associates, Inc. Don T. Buford Curtis W. Brown

174 F.3d 549 · Court of Appeals for the Fifth Circuit · Apr 27, 1999

Furthermore, "[e]ach plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders." 29 U.S.C. § 1056 (d)(3)(G)(ii). … A judge's ordinary efforts at courtroom administration--even a stern and short-tempered judge's ordinary efforts at courtroom administration--remain immune. 74 Liteky v.

Eldon D. Brinley and Mary Alice Brinley v. Commissioner of Internal Revenue

782 F.2d 1326 · Court of Appeals for the Fifth Circuit · Feb 20, 1986

In those instances, then, where a contribution is not made to a charity or is made to a charity for a particular individual, clearly there is that lack of “indefiniteness” in connection with the contribution that will result … However, the courts must be mindful that the law that they establish in one case may be applied in many other cases.

Sidney Wong v. John Stripling, Etc.

881 F.2d 200 · Court of Appeals for the Fifth Circuit · Aug 28, 1989

Clearly, private hospitals had at common law a right to revoke the staff privileges of physicians for good cause. … “Procedural regulations simply do not suffice to establish the degree of joint participation required to convert private action into state action.” Barnes v. Lehman, 861 F.2d 1383, 1387 (5th Cir.1988).

United States v. McNealy

625 F.3d 858 · Court of Appeals for the Fifth Circuit · Nov 5, 2010

the Government “provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, and any individual the defendant may seek to qualify … As for McNealy’s claim that defense witnesses could be subject to prosecution, McNealy could have obtained a protective immunity order if one had been warranted.

Mylett v. City of Corpus Christi

97 F. App'x 473 · Court of Appeals for the Fifth Circuit · May 4, 2004

We also do not address Alvarez’s argument that he is entitled to qualified immunity, as the district court did not address it, Alvarez did not designate it as an issue on cross-appeal, and it is not … He also argues that even if none of these items qualify individually, together they constitute an adverse employment action.

Estate of Frank D. Streightoff v. CIR

954 F.3d 713 · Court of Appeals for the Fifth Circuit · Mar 31, 2020

Section 9.7 does not qualify the type of consent necessary for this provision, e.g. written. … The SILP Agreement uses consent and approval interchangeably, and the words are only distinguished with the qualifier “written.” 4,5 Given such qualifying language is absent in Section 9.7(a), Streightoff Management’s managing

Elmira Preston Howard Preston Rose Lefrance Preston Sheryl Preston Deborah Mazie v. Tenet Healthsystem Memorial Medical Center, Inc., Doing Business as Memorial Medical Center v. Lifecare Hospital of New Orleans Llc, Doing Business as Lifecare Hospital Lifecare Management Services, L.L.C., Cheryl Weems, Individually and on Behalf of Her Deceased Mother, Veola Mosby, and on Behalf of All Others Similarly Situated v. Touro Infirmary, Shono, Inc., Doing Business as Specialty Hospital of New Orleans

485 F.3d 804 · Court of Appeals for the Fifth Circuit · Apr 25, 2007

A party's residence alone does not establish domicile. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir.1974). We now turn to the evidence establishing intent, the second element of citizenship. 47 b. … We do not find the district court's findings of fact clearly erroneous. 55 c.

United States v. David Bush

599 F.2d 72 · Court of Appeals for the Fifth Circuit · Jul 18, 1979

Pursuant to a loan agreement, a formula was established for the disbursement of the loan proceeds. … The evidence in this case clearly establishes that Bush sought the advice of an attorney in September 1976.

Energy Management Corp. v. City of Shreveport

467 F.3d 471 · Court of Appeals for the Fifth Circuit · Oct 6, 2006

EMC explains it established by a preponderance of uncontroverted evidence at trial that the value of lost production from two specific units8 was $9,817,000.000. … Furthermore, this court has determined that for a party to qualify as a prevailing party it must (1) “obtain actual relief, such as an enforceable judgment or a consent decree; (2) that materially alters the legal relationship

Eugene Cadena v. Daniel Scott

Court of Appeals for the Fifth Circuit · Mar 29, 2018

II We review a district court’s grant of summary judgment de novo. 1 When a party moving for summary judgment asserts qualified immunity, the non- movant has the burden to rebut qualified immunity 2 by “establish[ing … from suit under the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 6 To make out a Fourth

Ward A. Seeley v. Brotherhood of Painters, Decorators and Paper Hangers of America

308 F.2d 52 · Court of Appeals for the Fifth Circuit · Oct 11, 1962

The federal questions presented’ in the first through fifth claims herein are substantial, and if such federal grounds are not established on a. trial of this ease, the court may retain and dispose of this case upon the ground … Clearly, neither the National Labor Relations Board, nor the Circuit Court of Choctaw County, Alabama, is “a court of the United States.” 2 We conclude that neither subsection (2) nor subsection (3) of section 1985 operates

Ian Smalley v. John Ashcroft, Attorney General

354 F.3d 332 · Court of Appeals for the Fifth Circuit · Dec 15, 2003

The IJ next addressed whether Smalley qualified for an adjustment of status. … In addition, because of the great toll that drugs have exacted from our society, Smalley’s agreement to conceal drug money was clearly “contrary to the accepted rules of morality.” The .

Addie Holmes v. Atlantic Sounding Company, Inc. Weeks Marine Inc. Abc Insurance Co. Xyz Insurance Co., Addie Holmes v. Atlantic Sounding Company, Inc. Abc Insurance Co., Inc.

437 F.3d 441 · Court of Appeals for the Fifth Circuit · Jan 19, 2006

The magistrate judge concluded that (1) the BT-213 is not a vessel for purposes of the Jones Act, (2) Holmes could not establish any possibility of recovery under the Jones Act, and (3) as diversity jurisdiction existed, … employed the foregoing language to confirm that there still exist limits on a potential plaintiff's seaman status under the Jones Act. 34 As Stewart 's definition of "vessel" applies equally to the Jones Act and the LHWCA, § 3 clearly