Case law

Jose L. Zapata v. Preston Smith, Governor of the State of Texas

437 F.2d 1024 · Court of Appeals for the Fifth Circuit · Feb 2, 1971

These cases do not qualify the principle of the cases in category two. … Authority to establish full-time programs.

Sec v. Southwest Coal & Energy Co.

624 F.2d 1312 · Court of Appeals for the Fifth Circuit · Aug 28, 1980

Under the Manor Nursing construct, however, one who proves a misrepresentation actionable under § 11 or § 12(2) has also proved a violation of § 5, thus automatically establishing liability per se under § 12(1). … These conclusions are not clearly erroneous 14 Section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), provides: (a) It shall be unlawful for any person in the offer or sale of any securities by the use of any means

United States of America and Linda Stout, by Her Father and Next Friend, Blevin Stout v. Jefferson County Board of Education, United States of America v. The Board of Education of the City of Fairfield, United States of America v. The Board of Education of the City of Bessemer, United States of America v. Caddo Parish School Board, United States of America v. The Bossier Parish School Board, Margaret M. Johnson v. Jackson Parish School Board, Yvornia Decarol Banks v. Claiborne Parish School Board

372 F.2d 836 · Court of Appeals for the Fifth Circuit · Dec 29, 1966

This is the right of Negroes to national citizenship, their right as a class to share the privileges and immunities only white citizens had enjoyed as a class. … County School Board of Goochland County, E.D.Va.1966, 252 F.Supp. 578 122 'Innumerable cases have clearly established the principle that under circumstances such as this where a history of racial discrimination exists, the

McGavock v. City of Water Valley

452 F.3d 423 · Court of Appeals for the Fifth Circuit · Jun 12, 2006

The regulation provided a four-part test to determine which employees qualified as “employees in fire protection activities.” … So there is a real need to modernize this area of the Fair Labor Standards Act and to clearly specify who can be considered a fire protection employee for purposes of the exemption. 145 Cong. Rec.

United States of America Ex Rel. Bruce Barksdale v. Frank Blackburn, Warden, Louisiana State Penitentiary

610 F.2d 253 · Court of Appeals for the Fifth Circuit · Jan 21, 1980

While this court must reverse findings of fact which are clearly erroneous, we find these findings are not clearly erroneous. Furthermore, they were proposed by the State. … the qualifications for jury service were established by La.R.S. 15:172.

United States v. Fike

82 F.3d 1315 · Court of Appeals for the Fifth Circuit · May 10, 1996

Rather, the actual interrogation — lasting less than fifteen minutes altogether — appears to qualify as a brief detention. … Given the conflicting testimony, the court’s credibility determinations and fact findings are not clearly erroneous.

Norman P. Miller and Kenneth Rubenstein v. Republic National Life Insurance Company v. Sy C. Sussman and Ruth L. Sussman, Movants-Appellants

559 F.2d 426 · Court of Appeals for the Fifth Circuit · Oct 20, 1977

A decision to approve will not be disturbed on appeal unless it is clearly shown that the approval resulted from an abuse of discretion. Young v. Katz, supra. See also West Virginia v. Chas. … Their testimony was important in establishing the scienter required to prove a securities fraud violation.

Ronnie W. Longmire v. Sea Drilling Corp.

610 F.2d 1342 · Court of Appeals for the Fifth Circuit · Feb 6, 1980

Longmire has clearly met the second part of the test, for the work in which he was engaged at the time of his injury was stowing the anchor chain as the vessel prepared to make weigh. … Thus, after Sieracki and Ryan the stevedore’s liability to his employees was no longer confined to the compensation obligation established in the LHWCA.

United States v. David Lowayne Box, John Byron Yarbrough, and Leroy Eugene Burch

50 F.3d 345 · Court of Appeals for the Fifth Circuit · Apr 11, 1995

contribution, regardless whether it is a legitimate campaign contribution, Accordingly, in the case at bar, the government argues by analogy that simply because the transaction was “camouflaged” as a legitimate forfeiture does not immunize … A qualified witness is one who can explain the system of record keeping and vouch that the requirements of Rule 803(6) are met; the witness need not have personal knowledge of the record keeping practice or the circumstances

Voices for Int'l Bus. & Educ., Inc. v. Nat'l Labor Relations Bd.

905 F.3d 770 · Court of Appeals for the Fifth Circuit · Sep 21, 2018

Where Congress has established a clear line, the agency cannot go beyond it; and where Congress has established an ambiguous line, the agency can go no further than the ambiguity will fairly allow."). … Congress has spoken clearly here. Charter schools are unambiguously private organizations, not political subdivisions.

United States v. Gary Russell Bullock

551 F.2d 1377 · Court of Appeals for the Fifth Circuit · May 16, 1977

The Court clearly had discretion here, and it was not abused. IV. The Expert’s Qualifications. … had been established.

United States v. Eddie Lipscomb

619 F.3d 474 · Court of Appeals for the Fifth Circuit · Sep 13, 2010

. § 922(g) does not qualify as a crime of violence. … However, I disagree with Judge Jolly’s conclusion that Lipscomb’s plea sufficiently established that fact.

CAE Integrated v. Moov Technologies

44 F.4th 257 · Court of Appeals for the Fifth Circuit · Aug 9, 2022

As CAE fails to establish a likelihood of success on the merits of its claims, we affirm the denial of the preliminary injunction. … The district court did not clearly err in finding that neither Meissner nor Moov misappropriated trade secrets. B.

Tidewater Inc. v. United States

565 F.3d 299 · Court of Appeals for the Fifth Circuit · Apr 13, 2009

Here, the prefatory language of § 7701 clearly requires its application to all parts of Chapter 1, which includes the FSC provisions. … Before applying these individual factors to the Time Charter and considering any other relevant factors, we observe that § 7701(e) establishes a balancing test.

K. C. Wu v. National Endowment for Humanities and Wallace B. Edgerton, as Acting Chairman for the National Endowment for the Humanities

460 F.2d 1030 · Court of Appeals for the Fifth Circuit · May 2, 1972

In the Federal Establishment, as in General Motors or any other hierarchical giant, there are enough incentives as it is for playing it safe and listing with the wind; Congress clearly did not propose to add to them the threat … The community of Chinese scholars and of others in specialized fields is small, and the members are the only ones qualified to evaluate each other’s work.

Jose Iruegas-Valdez v. Sally Yates

Court of Appeals for the Fifth Circuit · Mar 27, 2017

On appeal, the BIA affirmed the IJ’s decision, specifically holding that Iruegas-Valdez had “not established that [the IJ’s] adverse credibility determination [was] clearly erroneous.” … To qualify under CAT, the pain or suffering in question must be inflicted “by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

Wells Fargo Armored Service Corp. v. Georgia Public Service Commission

547 F.2d 938 · Court of Appeals for the Fifth Circuit · Feb 28, 1977

From what we have said above about the right to be free from competition, it follows that Wells Fargo’s expectancy in these findings, unlike ARC’S, clearly is not of constitutional dimension. . … Nor, according to a majority of the justices of the Supreme Court, do such protections limit the constitutional due process requirements for safeguarding property rights once established under state law.

Donald Boyd v. City of Houston, Texas, et a

548 F. App'x 100 · Court of Appeals for the Fifth Circuit · Nov 26, 2013

Pape, 365 U.S. 167 (1961)). 11 Id. at 690 n.54 (Eleventh Amendment immunity); Owen v. City of Independence, 445 U.S. 622, 638 (1980) (qualified immunity). 12 Bd. of Cnty. … They do not contend that, regardless of the evidence, the district court should have decided the qualified-immunity question rather than submitting that question to the jury.

United States v. Joseph Ebron

683 F.3d 105 · Court of Appeals for the Fifth Circuit · May 30, 2012

“The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt.” 18 U.S.C. § 3593(c). … “The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information.” Id. at § 3593(c).

Georg Schaeffler v. United States

889 F.3d 238 · Court of Appeals for the Fifth Circuit · May 3, 2018

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). … United States, 600 F.3d 362, 384 (5th Cir. 2010) (“To overcome sovereign immunity in a tax refund action, a taxpayer must file a refund claim with the IRS within the time limits established by the Internal Revenue Code.”)