Case law
Opinions from 1658 to today.
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Draganescu v. First National Bank
502 F.2d 550 · Court of Appeals for the Fifth Circuit · Oct 7, 1974
In any case, the trial court’s order does not bar Vintilla from acting as translator, should the need for a Romanian presence be established. … However, the lawyer only testified to matters conceded by the defendant and therefore clearly fell within exception (1) of DR 5-101 (B).
Cited 22 timesPublishedKorla Anderegg, Individually, and as Next Friend of Eric Scott Hogan v. High Standard, Inc.
825 F.2d 77 · Court of Appeals for the Fifth Circuit · Sep 25, 1987
The decision of the panel in 1984 established the law of this case as to those legal *80 issues it decided. … Clearly, what was done in this case does not suffice.
Cited 28 timesPublished530 F.2d 1159 · Court of Appeals for the Fifth Circuit · Apr 29, 1976
Its finding to that effect is, therefore, clearly erroneous. 32 (b). … qualify.
Cited 99 timesPublished605 F.3d 249 · Court of Appeals for the Fifth Circuit · Apr 27, 2010
alien, shall not be approved until an immigrant visa number has been allocated by the Department of State....” 9 As Bian contests the USCIS’s decision to adjudicate her application in compliance with regulations that are clearly … within the agency’s discretion to establish, the federal courts are without jurisdiction to entertain her claim. 2.
Cited 48 timesPublishedAlexander v. Express Energy Services Operating, L.P.
784 F.3d 1032 · Court of Appeals for the Fifth Circuit · May 7, 2015
Land-based workers are not seamen.” 6 To qualify as a seaman, a plaintiff must prove that he meets both prongs of the test set out by the 1 Bluebonnet Hotel Ventures, L.L.C. v. … the Jones Act,” though courts may vary the rule depending on the facts of a particular case. 10 The Court explained that although the inquiry is fact-specific, “where undisputed facts reveal that a maritime worker has a clearly
Cited 8 timesPublishedCarl Michael Smith v. Harry Pinell, Jr.
597 F.2d 994 · Court of Appeals for the Fifth Circuit · Jul 2, 1979
Nor do we see any justification for qualifying a seaman’s rights under the Jones Act by incorporating a state’s substantive law governing an action for rescission as the district court did here. … The stay order entered by the district judge in the proceedings below clearly possesses all of the characteristics of appealability contemplated by the test laid down in Jackson Brewing Co.
Cited 30 timesPublishedCourt of Appeals for the Fifth Circuit · Jun 3, 2025
immunity. … The district court did not consider qualified immunity or dismiss any defendant on that basis. This argument has no merit.
Cited 0 timesUnpublished239 F.2d 316 · Court of Appeals for the Fifth Circuit · Dec 19, 1956
The Tax Court’s decision finding and fixing the extent of salvage value is not clearly erroneous. … The travel expense was disallowed because there was not adequate proof to establish it.
Cited 82 timesPublished96 F.3d 1445 · Court of Appeals for the Fifth Circuit · Aug 30, 1996
Miller contends, inter alia, that he is entitled to qualified immunity. … Miller would be entitled to qualified immunity if he could establish that his use of leg restraints on Wright “could plausibly have been thought necessary” or that he did so in good faith to maintain order, i.e., security
Cited 0 timesUnpublishedCourt of Appeals for the Fifth Circuit · Sep 28, 2018
“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.’” … Thus, plaintiffs have not met their burden of showing a clearly established constitutional violation and cannot overcome the officers’ qualified immunity. C.
Cited 0 timesUnpublished399 F.2d 50 · Court of Appeals for the Fifth Circuit · Jul 29, 1968
Federal law, however, dictates whether such property interests qualify as a marital deduction. 7 The terminable interest rule: 8 In order to exclude from the marital deduction a property interest which would otherwise qualify … That the heirs, upon the termination of the usufruct, may eventually enjoy the property in question is clearly contemplated by decedent's bequest of the naked ownership to them and by the mandatory provisions of the Louisiana
Cited 2 timesPublished636 F.2d 1028 · Court of Appeals for the Fifth Circuit · Feb 12, 1981
None of the factors identified by the appellants persuade us that this finding is clearly erroneous. … One Court rejects our Authement principle as tantamount to a “judicial grant of immunity without statutory authorization”, but permits compelled production as long as the government grants immunity against use of the fact
Cited 282 timesPublishedCourt of Appeals for the Fifth Circuit · Nov 12, 2004
Judge Furgeson further stated that even if the indictment had not been returned, Shields’s claims would still fail because he did not show that Twiss and Coleman should be denied qualified immunity for acting unreasonably … presented evidence that Twiss and Coleman should be denied official immunity under Texas state law.
Cited 0 timesPublished419 F.3d 384 · Court of Appeals for the Fifth Circuit · Jul 29, 2005
The state habeas court’s adjudication of his due process claim was not contrary to, or an unreasonable application of, clearly established federal law as determined by the Supreme Court. … Regardless, Salazar has pointed to no clearly established Supreme Court law that would render Tex.R. Evid. 606(b) constitutionally infirm due to this difference.
Cited 38 timesPublishedEquitable Equipment Company, Inc. v. Hardy
558 F.2d 1192 · Court of Appeals for the Fifth Circuit · Sep 9, 1977
2) After cessation of the payments for the period of weeks provided for herein, the employee or his survivor entitled to benefits shall be paid the remainder of the compensation that would be due out of the special fund established … This employer was clearly aware of the employee's existing condition. 16 It appears from the record that Mr.
Cited 22 timesPublishedPerry v. VHS San Antonio Partners
990 F.3d 918 · Court of Appeals for the Fifth Circuit · Mar 10, 2021
, but that each exercise sufficient control of an individual to qualify as [his] employer.” … Perry in a generalized way and “impress[ed] upon” him the “need to improve” his conduct clearly does not demonstrate VHS’s power to control Dr. Perry’s exercise of professional medical judgment.
Cited 82 timesPublishedWilliam L. Zink and Frances P. Zink v. United States
929 F.2d 1015 · Court of Appeals for the Fifth Circuit · Apr 3, 1991
She testified expressly that she and her husband did not actually participate in the *1019 business and that they were not qualified to do that type of work. … Obviously, establishment of the requisite profit motive alone does not satisfy section 174.
Cited 40 timesPublishedMaria Arredondo v. M. L. Brockette
648 F.2d 425 · Court of Appeals for the Fifth Circuit · Jun 19, 1981
Indeed, the stipulated evidence clearly shows that between approximately August 1, 1977, and May 25, 1978, the McAllen Independent School District had only 56 applications from students who were United States citizens and … The evidence indicated that students living apart from their parent or guardian because of physical health or emotional well-being, broken homes, health reasons, etc., are all allowed to qualify for free public schools.
Cited 10 timesPublished821 F.2d 1022 · Court of Appeals for the Fifth Circuit · Jun 30, 1987
The Secretary also established a threshold score for qualifying for the grants. 34 C.F.R. Sec. 501.31. 21 Four south Louisiana parishes, St. Bernard, St. John the Baptist, St. … The record clearly reflects that many of those surveys were not completed and returned by the parents of the students.
Cited 0 timesPublished814 F.2d 175 · Court of Appeals for the Fifth Circuit · Mar 30, 1987
instructed jury might disbelieve Bernal’s version of events, we also observe that the only evidence directly contradicting Bernal’s self-exculpatory explanation for his conduct was provided by Maldonado, whose own testimony clearly … Appellant Bernal was awarded the contract to provide the lunches with a bid based on fifty-five days of meal service — from June 4 until August 17 exclusive of weekends and holidays — and established a company, AMBCO, to
Cited 29 timesPublished
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