Case law

W. D. Haden Company v. Commissioner of Internal Revenue

321 F.2d 169 · Court of Appeals for the Fifth Circuit · Aug 29, 1963

Quartzite Stone Co., 10th Cir., 1959, 273 F.2d 738 . 5 Further, the principle is clearly established that, where a particular mineral is subject to either of two commercial designations, the specific classification will control … The appellant was well-established in its business, whereas *174 Edgar had been out of business since the early years of World War II.

Tesfamichael v. Gonzales

469 F.3d 109 · Court of Appeals for the Fifth Circuit · Oct 24, 2006

To qualify for asylum, an alien must be a “refugee.” See 8 C.F.R. § 1208.13(a). … Senait’s fears fall far short of the required “extreme conduct” needed to establish persecution.

Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George Wilmot

791 F.2d 1156 · Court of Appeals for the Fifth Circuit · Jun 11, 1986

GARZA, Circuit Judge: On November 22, 1982, Rayford Price and Barbara Ashley Price (the “Prices”) established a brokerage account with Drex-el, Burnham Lambert, Inc. … Substantially invoking the litigation machinery qualifies as the kind of prejudice ... that is the essence of waiver. Id. at 269 .

Equal Employment Opportunity Commission v. BDO USA, L.L.P.

876 F.3d 690 · Court of Appeals for the Fifth Circuit · Nov 16, 2017

“The clearly 1 BDO argues that the district court did not have discretion to consider Bower’s declaration because the EEOC did not submit the declaration to the magistrate judge. … each element of the privilege or immunity that is claimed.’”)

Patton-Tully Transportation Company v. Ratliff

797 F.2d 206 · Court of Appeals for the Fifth Circuit · Sep 9, 1986

Rather than holding a new trial, the parties submitted the case for decision on the existing record, with a stipulation to add further testimony by an economist earlier qualified as an expert for the plaintiff. … These findings of fact were not clearly erroneous.

Heci Exploration Co., Inc. v. Holloway

862 F.2d 513 · Court of Appeals for the Fifth Circuit · Dec 13, 1988

Domed Stadium is therefore consistent with the established rule that a court will not consider issues not briefed. See McGruder, 733 F.2d at 1148 ; Zuccarello v. … Thus, the bankruptcy court's holding may not be disturbed unless it is clearly erroneous.

Kelly v. Boeing Petroleum Services, Inc.

61 F.3d 350 · Court of Appeals for the Fifth Circuit · Aug 7, 1995

Kelly alleged in his suit against BPS that he qualified as a handicapped person under La. Rev. … Clearly we must. 2. Purpose We apply the plain language of a statute unless "literal 36 Compare La. Rev.

Henry Malbrough v. Police Department of Rayne, et

Court of Appeals for the Fifth Circuit · May 14, 2020

Likewise, municipalities are not entitled to qualified immunity. Owen v. City of Independence, 445 U.S. 622, 638 (1980). … Because we find that no constitutional violation occurred, we need not specifically address the qualified immunity defense.

Empire Pictures Distributing Company, Inc., and Kingsley International Pictures Corporation v. City of Fort Worth

273 F.2d 529 · Court of Appeals for the Fifth Circuit · Jan 11, 1960

District Court dismissed, the Court of Appeals for the Sixth Circuit affirmed, 16 and the Supreme Court approved their actions, holding that the quoted statute constituted “Legislative policy * * * in a clear-cut prohibition qualified … defined statutory exceptions, of leaving generally to the state courts the trial of criminal cases arising under *539 state laws, subject to review by this Court of any federal questions involved. * * * “ * * * No person is immune

William M. Reese and Catholeen Reese v. Commissioner of Internal Revenue

615 F.2d 226 · Court of Appeals for the Fifth Circuit · Apr 8, 1980

Taxpayers thus contend that the Tax Court clearly erred 5 in finding that Reese did “no more” than finance the project. … The project was clearly an isolated, non-recurring venture.

United States v. Humphrey

7 F.3d 1186 · Court of Appeals for the Fifth Circuit · Nov 12, 1993

If appealed, we will review the district court's finding under the "clearly erroneous" standard of 28 U.S.C. § 3742(e). III. … The material was later identified by a qualified chemist as cocaine base, however, rendering any error made by the court harmless.

9 O.S.H. Cas.(bna) 1563, 9 O.S.H. Cas.(bna) 2043, 1981 O.S.H.D. (Cch) P 25,317 Cleveland Consolidated, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor

649 F.2d 1160 · Court of Appeals for the Fifth Circuit · Jul 9, 1981

After the Secretary establishes a prima facie case, the "employer may affirmatively defend by establishing that it is impossible to erect safety nets, that safety nets would make performance of the work impossible or result … indeed very well qualified to testify as to alternative methods of construction.

Estate of James H. Lumpkin, Jr., Deceased. Christine T. Hamilton v. Commissioner of Internal Revenue

474 F.2d 1092 · Court of Appeals for the Fifth Circuit · Feb 14, 1973

In addition to offering the employee this specific optional mode of settlement, the optional settlement provision entitled him, upon obtaining the approval of his employer and the insurer, to establish any other scheme he … Quite clearly the lesson to be drawn from Lober and O’Malley is that the right to alter the time and manner of enjoyment does give its holder a substantial degree of control, at least insofar as §§ 2036 and 2038 are concerned

Liberty Mutual Insurance v. Graham

473 F.3d 596 · Court of Appeals for the Fifth Circuit · Dec 21, 2006

(citation omitted). 10 • Eagle had receipts clearly indicative of the use of Graham's company vehicle for personal use The complaint also describes Graham’s personal pursuit … Further, because we are persuaded that a genuine issue of material fact exists as to whether Graham qualifies as an insured under the policy, we REVERSE the grant of summary judgment finding Liberty

United States v. John L. Morrow

537 F.2d 120 · Court of Appeals for the Fifth Circuit · Aug 16, 1976

The Government established at trial, however, that the initials were a forgery.. … Appellant also requested that the district court conduct an evidentiary hearing *148 on the alleged grant of immunity, which request the district court denied.

Endeavor Marine, Inc. v. Crane Operators, Inc.

234 F.3d 287 · Court of Appeals for the Fifth Circuit · Dec 11, 2000

With respect to the second prong of Chandris , as previously noted, it is undisputed that the FRANK L qualifies as a “vessel in navigation.” … This assertion, however, is contrary to clearly established law. In British Transport Comm’n v.

Candies Towing Co. v. M/V B & C Eserman

673 F.2d 91 · Court of Appeals for the Fifth Circuit · Apr 12, 1982

Ensnared in the rigging of the clearly erroneous rule, we affirm the factual findings and decree but modify in one important respect. … The extensive repair work done on OC-250, according to expert testimony, established such a weakness.

Rolando Serna v. Law Office of Joseph Onwuteaka, e

614 F. App'x 146 · Court of Appeals for the Fifth Circuit · Jun 5, 2015

immunity; (6) “lack of intent and/or bona fide error on the part of defendants”; (7) res judicata; and (8) “the doctrine of waiver.” … Onwuteaka makes no attempt to argue that the no-surprise-or-prejudice finding was clearly erroneous, see O’Neill v.

Gonzalez v. CoreCivic

986 F.3d 536 · Court of Appeals for the Fifth Circuit · Jan 20, 2021

CoreCivic is clearly an entity covered by the term “whoever.” … It has clearly “obtain[ed]” the labor of these alien detainees.

Woods v. Chapman

239 F. App'x 35 · Court of Appeals for the Fifth Circuit · Jun 7, 2007

immunity,” McGrew v. … so that they will protect parolees’ due pro- cess rights, and for failing to establish proper procedures for the timely release of parolees.