Case law

Morris v. Compagnie Maritime Des Chargeurs Reunis, S.A.

832 F.2d 67 · Court of Appeals for the Fifth Circuit · Nov 16, 1987

Shipowners may well do both in the exercise of ordinary care, but this court is not qualified to make that assumption. … In reaching this decision, the court read Scindia as follows: 13 The Supreme Court has clearly established that the ability of a longshoreman to recover cannot turn on who was in the best position to recognize and remedy

United States v. Nelson Bunker Hunt and W. Herbert Hunt

505 F.2d 931 · Court of Appeals for the Fifth Circuit · Dec 23, 1974

This doctrine of absolute immunity of certain types of personal property from search or seizure was not undone until 1914, when the Supreme Court, in Weeks v. … Defendants claim that their proprietary interest in the tape recorders and tapes is sufficient to bring them within the well-established rule conferring standing upon individuals having a possessory interest in the place

United Steelworkers of America, Afl-Cio v. Warrior & Gulf Navigation Company

269 F.2d 633 · Court of Appeals for the Fifth Circuit · Jul 30, 1959

This blanket prohibition of strikes and lockouts is nowhere qualified in the Agreement. On the contrary, the entire tenor of the Agreement is that the parties are seeking complete stability. … Under this doctrine, some courts have refused to order arbitration of a dispute otherwise clearly arbitrable on the ground that the plaintiff’s grievance was so clearly without merit that no substantial question for arbitration

Shipp v. McMahon

Court of Appeals for the Fifth Circuit · Nov 8, 2002

clearly established at the time of the alleged violation, we reverse the district court’s denial of qualified immunity and remand for consideration of the state law claims. … Qualified immunity applies to this “class of one” claim because the underlying constitutional right was not clearly established in 1996.

Robert J. And Mildred Frysinger v. Commissioner of Internal Revenue

645 F.2d 523 · Court of Appeals for the Fifth Circuit · May 22, 1981

Under these circumstances, we find no basis for deciding this case differently from any other in which the taxpayer qualifies as a farmer, passive or active. … The purchase was consistent with the trend in year-end prices and apparently with established business practice. The holding that the prepayment was reasonable is fully supported by the record.

United States v. Kay

359 F.3d 738 · Court of Appeals for the Fifth Circuit · Feb 5, 2004

Neither does the remainder of the statutory language clearly express an exclusively broad or exclusively narrow understanding of the business nexus element. … Routine governmental action, for instance, includes “obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country,” and “scheduling inspections associated with contract

Page v. U.S. Industries, Inc.

726 F.2d 1038 · Court of Appeals for the Fifth Circuit · Mar 12, 1984

The large majority of new hires at the plant were hired into the entry level position of helper although some experienced or qualified new hires entered at other levels. … The record clearly shows that defendant did not maintain the type of standardless subjective system envisioned by the Court in Boykin .

United States v. Escajeda

58 F.4th 184 · Court of Appeals for the Fifth Circuit · Jan 17, 2023

“[A] court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.” Ibid (quotation omitted). II. … See Chambliss, 948 F.3d at 693 (describing § 3582(c)(1)(A)(i) motions as “compassionate release claims” and suggesting terminal illness may qualify); United States v.

Serna v. City of San Antonio

Court of Appeals for the Fifth Circuit · Apr 9, 2001

immunity, and certain damages issues … Moreover, Serna testified that he had never taken a qualifying examination or other steps to seek a promotion.

Blue Sky L. Rep. P 71,752 United States of America v. David Israel Namer

680 F.2d 1088 · Court of Appeals for the Fifth Circuit · Jul 22, 1982

In considering whether a purged affidavit establishes probable cause, we are proceeding somewhat hypothetically. … Had the facts and circumstances of Namer’s loan commitment transactions been spelled out in the purged affidavit and had the law less clearly established that loan commitments are not securities, a finding of probable cause

Trevino v. Price

Court of Appeals for the Fifth Circuit · Nov 15, 2023

When, as in this case, a § 1983 defendant pleads qualified immunity in a summary judgment motion, the plaintiff has the burden to show that the defense is unavailable. Trent v. … To satisfy this burden, the plaintiff must show that there are material factual disputes regarding whether the defendant violated a constitutional right and whether the right was clearly established at the time of

Dawsey v. Olin Corp.

782 F.2d 1254 · Court of Appeals for the Fifth Circuit · Feb 18, 1986

As discussed in the preceding subsection of our opinion, the record clearly contains evidence to support the jury verdict. We therefore affirm the trial court’s denial of the plaintiffs’ motions for new trial. B. … Clearly, the court realized that it was reading part of the instruction that it had previously read to the jury and stopped in the middle of the instruction.

John H. Starr and Mrs. John H. Starr v. Albert Fregosi, M. D.

370 F.2d 15 · Court of Appeals for the Fifth Circuit · Jan 13, 1967

An unexpected or even disastrous result “neither establishes, nor supports an inference of want of proper care, skill or diligence.” Wall v. Brim, 5 Cir. 1943, 138 F.2d 478, 480 . … The veru is a mound of tissue usually visible to the qualified urologist. Immediately below the veru is the membranous urethra which is surrounded by the external sphincter muscle.

United States v. Le'Ann Koss

831 F.3d 259 · Court of Appeals for the Fifth Circuit · Jul 22, 2016

The panel gave no meaningful answer to this res nova question but affirmed the district court’s application of the highest ratio, applicable to THC, organic or synthetic, to what the record clearly establishes was marihuana … The testing did not establish that either substance contained THC from an origin other than marihuana, in the case of the green substance, 2 or hashish, in the case of the brown one.

Moore Business Forms, Inc. v. Seh M. Ryu, D/B/A Compurite, Inc.

960 F.2d 486 · Court of Appeals for the Fifth Circuit · Jun 8, 1992

This finding is adequately supported by the record and is not clearly erroneous. Ryu has not carried its burden of proof that a naked license existed. 2. … Our review of the record compels the conclusion that the trial court’s finding of the likelihood of confusion is not clearly erroneous.

Rizzo v. Children's World

Court of Appeals for the Fifth Circuit · Jun 28, 2000

Ctr.SSShreveport, 188 F.3d 314, 318 (5th Cir. 1999) (holding that plaintiff “failed to establish a prima facie case of sex and/or national origin discrimination because she failed to establish that she was qualified for the … Clearly, such a result was not intended by Congress.”

Robert Earl Quarles, Cross-Appellees v. Oxford Municipal Separate School District, Cross

868 F.2d 750 · Court of Appeals for the Fifth Circuit · May 17, 1989

Further, expert testimony established that Oxford’s students are not locked into *755 place, or tracked, in the grouping system. … Based on the record before us, we cannot conclude that these findings are clearly erroneous. B.

Bankers Life Insurance Company of Nebraska v. Scurlock Oil Company

447 F.2d 997 · Court of Appeals for the Fifth Circuit · Oct 28, 1971

Our construction does not mean that if in any particular case it is established, that the pipeline purchaser’s gauger falsified a run ticket, the pipeline purchaser would be immune from liability. … Principals should not be able to turn frauds and cheats loose on the public and expect to be immune from the consequences of these agents’ misdeeds.

Edward Anthony Ellis v. James A. Lynaugh, Director, Texas Department of Corrections

873 F.2d 830 · Court of Appeals for the Fifth Circuit · May 30, 1989

In deciding whether certain potential jurors had been excluded properly pursuant to the Texas statute at issue, the Court discussed its prior opinions, including Witherspoon , and concluded that *833 [t]his line of cases establishes … Because the trial court clearly could have been “left with the definite impression that [Bradshaw] would be unable to faithfully and impartially apply the law,” Witt, 469 U.S. at 426 , 105 S.Ct. at 853 , we hold that the

Robert Hoffman and Wife, Joanna Hoffman v. United States Department of Housing and Urban Development

519 F.2d 1160 · Court of Appeals for the Fifth Circuit · Sep 29, 1975

Although the Supreme Court has not passed upon the question, the majority view in the lower federal courts is that 5 U.S.C. § 701 et seq. merely addresses the scope of review available once jurisdiction is properly established … United States Department of Agriculture, supra, the court found waiver of sovereign immunity and jurisdiction for plaintiff’s claim under 28 U.S.C. § 2409a, a provision permitting the federal government to be named as a party