Case law

Patricia Stephenson Eichenseer v. Reserve Life Insurance Company

894 F.2d 1414 · Court of Appeals for the Fifth Circuit · Feb 9, 1990

Vagueness It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. … This case is different because it involves judge-made law, but it is not immune to constitutional analysis.

Candies Towing Co., Inc. v. M/v B & C Eserman, Her Engines, Etc., Bect Offshore Service, Inc., in the Matter of Eserman Offshore Services Co., Inc., Etc. v. Candies Towing Co., Inc., Prorico Industries, Inc. v. American Home Assurance Co.

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

He had no offshore license and was not a qualified navigator. His prior experience on seagoing tugs was as a wheelman or mate, not as a captain. … The extensive repair work done on OC-250, according to expert testimony, established such a weakness.

Tennessee Gas Pipeline, Also Known as Tenneco Incorporated v. Houston Casualty Insurance Company

87 F.3d 150 · Court of Appeals for the Fifth Circuit · Aug 5, 1996

This was clearly enough physical activity on the OCS to constitute an operation. In EP Operating Ltd. Partnership v. … M/V Sonora, 985 F.2d 808 (5th Cir.1993) (permitting removal of a maritime claim where jurisdiction is proper under the Federal Sovereign Immunities Act). .Poirrier, 648 F.2d at 1066 . . 43 U.S.C. § 1332 (1). . 43 U.S.C. §

United States v. Blanchard McLeod United States of America v. Dallas County

385 F.2d 734 · Court of Appeals for the Fifth Circuit · Oct 16, 1967

If the person is clearly guilty, the probability that the police have acted for a legitimate reason is much greater than it is if the arrest is clearly baseless. … What little force is left is dissipated by the history of official obstruction of the voting registration process so clearly established in this record.

United States v. Charles Bolton

908 F.3d 75 · Court of Appeals for the Fifth Circuit · Oct 26, 2018

Accordingly, the memorandum does not qualify as Brady material. Swenson, 894 F.3d at 683. … Thus, it did not qualify as Brady material.

Daniel v. Compass

212 F. App'x 262 · Court of Appeals for the Fifth Circuit · Dec 13, 2006

In order to determine if qualified immunity is proper, this court undertakes a two-step inquiry. First, has a violation of a clearly established constitutional right been asserted? … Second, were the defendants’ actions objectively unreasonable when measured against clearly established law? Schultea v.

Calagaz v. Calhoon

309 F.2d 248 · Court of Appeals for the Fifth Circuit · Oct 10, 1962

If the doctrine were carried to its logical extreme, unincorporated associations would enjoy virtual immunity from suit in federal courts. … Kellogg, who had already established offices there.

Elton D. Marsh v. Greyhound Lines, Inc., and Western Greyhound Pension Trust, Defendants,h Western Greyhound Pension Trust

488 F.2d 278 · Court of Appeals for the Fifth Circuit · Jan 14, 1974

The Plan clearly requires that a disability pension applicant “submit acceptable medical evidence of permanent physical disqualification from [his] job.” (Emphasis added). Paragraph 7-A(6). … If there is an absence of objective evidence of disability, we suggest a full report from another qualified expert, not a general practitioner, in the area of the particular illness upon which disqualification is being requested

Knapp v. United States Department of Agriculture

796 F.3d 445 · Court of Appeals for the Fifth Circuit · Jul 31, 2015

Knapp was not the victim of unfair surprise because the regulation, promulgated through notice and comment, clearly applies the purchase exemption only to persons who do not also sell animals. … That not all violators are prosecuted does not alone establish a constitutional violation.

Bugher v. Consolidated X-Ray Service Corp.

705 F.2d 1426 · Court of Appeals for the Fifth Circuit · May 31, 1983

The statute flatly prohibits an employer from making payments to employee representatives, with certain clearly elucidated, strictly construed exceptions. 10 One of these exceptions is for qualified trust funds which conform … [T]he burden of establishing a qualifying trust fund must be met by the employee organization representative.” 512 F.2d at 1026 .

Inclusive Cmtys. Project, Inc. v. Lincoln Prop. Co.

920 F.3d 890 · Court of Appeals for the Fifth Circuit · Apr 9, 2019

Thus, the voluntary nature of landlord participation in the voucher program does not render it immune from liability if actionable discrimination under the FHA is established. 12 … did not clearly delineate its meaning or requirements.

United States v. Rufus Eafie Harrell

458 F.2d 655 · Court of Appeals for the Fifth Circuit · Apr 21, 1972

As stated in Goss, supra: ‘The issue of entrapment is a question for the jury unless as a matter of law_ the defendant has established beyond a reasonable doubt that he was unlawfully entrapped.’ … At the very beginning of the instruction the jury was clearly informed that the burden of proof was on the prosecution to prove by the evidence beyond a reasonable doubt that there had been no unlawful or illegal entrapment

Leggett v. Duke

279 F. App'x 301 · Court of Appeals for the Fifth Circuit · May 22, 2008

Leggett argues correctly, however, that qualified immunity is not a defense to claims for declaratory and injunctive relief and that the defendants are not entitled to Eleventh Amendment immunity. … Notwithstanding the lack of these defenses, Leggett has not created a genuine issue of material fact regarding his entitlement to injunctive relief because the summary judgment evidence establishes that the defendants did

Barry L. Battelstein and Jerry E. Battelstein v. Internal Revenue Service

631 F.2d 1182 · Court of Appeals for the Fifth Circuit · Dec 3, 1980

The Battelsteins simply do not qualify. 7 We note further that even were this Court of the opinion that there are, as has been suggested, equitable considerations in this case favoring the Battelsteins, it has long been established … As was cogently observed by the eminent jurist Judge Learned Hand, "a transaction otherwise within an exception of the tax law, does not lose its immunity, because it is actuated by a desire to avoid, or, if one choose, to

United States v. Noble C. Beasley and James H. Finley

513 F.2d 309 · Court of Appeals for the Fifth Circuit · May 23, 1975

These declarations must be carefully and clearly limited by the court at the time of their admission and the jury instructed as to such declarations and the limitations put upon them. … Mann has been followed, distinguished, explained and qualified. In view of the posture of the case at this point, we deem it unnecessary to further analyze that case or .the decisions directed to it.

Ramiro Tula Rubio v. Loretta Lynch

787 F.3d 288 · Court of Appeals for the Fifth Circuit · May 21, 2015

The use of the term “any,” without qualifying language such as lawful or legal to modify the word “status,” requires us to broadly define the phrase to include aliens admitted in an unlawful status. … Indeed, this structure very clearly indicates that Congress intended to establish two distinct duration requirements—one that demands a period following admission in any status and one that demands a period of residency after

Joel Bach v. Texas State University

614 F. App'x 789 · Court of Appeals for the Fifth Circuit · Sep 1, 2015

Because the party asserting that the federal courts have jurisdiction has the burden of establishing it, Bach must show that Texas waived its immunity. St. Tammany Parish, ex rel. Davis v. … “A statute’s legislative history cannot supply a waiver that does not appear clearly in any statutory text.” Lane v. Pena, 518 U.S. 187, 192 (1996); see also F.A.A. v. Cooper, 132 S. Ct. 1441, 1448 (2012).

Stephen Allen Lynn, P.C. Employee Profit Sharing Plan and Trust v. Stephen Allen Lynn, P.C.

Court of Appeals for the Fifth Circuit · Jul 12, 1994

Lynn to withdraw money held as community property in his retirement account.3 The targeted retirement account, the Stephen Allen Lynn, P.C., Employee Profit Sharing Plan and Trust (the "Plan"), was established by … Lynn qualified as an alternate payee under a qualified domestic relations order ("QDRO") when on June 24, 1992, the state court issued the decree of divorce.

Vernon Tatum, Jr. v. United States

465 F. App'x 313 · Court of Appeals for the Fifth Circuit · Mar 7, 2012

. § 2672, the Attorney General has established regulations prescribing steps an FTCA plaintiff must take in order to present his claim. 28 C.F.R. §§ 14.1-14.11. … unclear whether Tatum intended to sue the SBA or the United States.1 The district court can determine the scope of Tatum’s intended claim on remand, and if necessary give him the opportunity to amend his complaint to more clearly

Moore v. Ashland Chemical Inc.

151 F.3d 269 · Court of Appeals for the Fifth Circuit · Sep 16, 1998

The primary locus of this obligation is Rule 702, which clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify. … Jenkins was a highly qualified pulmonary specialist, but, as the Seventh Circuit observed in Rosen v.