Case law

Martinez v. Dixie Carriers, Inc.

529 F.2d 457 · Court of Appeals for the Fifth Circuit · Mar 29, 1976

The suit against Wilsco was abandoned later in view of the employer’s immunity from tort liability under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 905 . … It was established that the job in question called for a certified welder, and that certified welders were not available at sea. 432 F.2d at 278.

Susan Mills v. Juliet Garcia

650 F. App'x 873 · Court of Appeals for the Fifth Circuit · May 31, 2016

because that material fact is subject to genuine dispute, the decision 8 Because Mills sues the UT-Brownsville officials in their official capacities for prospective injunctive relief—rather than damages—there is no qualified-immunity … Walker, 142 F.3d at 819 (affirming district court’s decision to grant qualified immunity to the university officials on summary judgment because the university’s decision to terminate him did not so lack “a basis in fact

United States v. Joe Allen Bounds

943 F.2d 541 · Court of Appeals for the Fifth Circuit · Sep 20, 1991

Instead, he merely asserted conclusory allegations that are clearly refuted by the record. … We had established that this single omission mandates reversing the defendant’s conviction and vacating the guilty plea.

United States v. Sam C. Martino, Joseph C. Russello and Rolando Gonzalez Rodriguez

681 F.2d 952 · Court of Appeals for the Fifth Circuit · Aug 2, 1982

The establishment, operation, and control language clearly refers to violations of §§ 1962(a) and (b). … It does not immunize from forfeiture the fruits of activities that are made illegal under other provisions of §. 1962; it “does not create a class of investment of illicit income exempt from forfeiture.” 27 The court in Marubeni

HECI Exploration Co., Employees' Profit Sharing Plan 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.

Federal Deposit Insurance v. Sumner Financial Corp.

451 F.2d 898 · Court of Appeals for the Fifth Circuit · Nov 30, 1971

The existing law extends only to the establishment of maximum ceilings on deposits. … The Court said such bank activity appeared to be clearly prohibited by the Glass-Steagall Act and noted that the Comptroller had promulgated the regulation without opinion or accompanying statement. 6 *903 Nor are we persuaded

J. E. Davant and Kathryn Davant v. Commissioner of Internal Revenue, Commissioner of Internal Revenue v. J. E. Davant and Kathryn Davant

366 F.2d 874 · Court of Appeals for the Fifth Circuit · Oct 4, 1966

Such a liquidation reincorporation transaction does not qualify for section 331 treatment. In Helvering v. … sale which transferred earnings] to stockholders in relation to their former holdings, so as to produce, for all practical purposes, the same result as a distribution of cash earnings of equivalent value, cannot obtain tax immunity

United States v. Cecil Eugene Harris, A/K/A "Red" Harris

460 F.2d 1041 · Court of Appeals for the Fifth Circuit · Jun 19, 1972

THE AFFIDAVIT UPON WHICH A SEARCH WARRANT ISSUED FOR THE SEARCH OF THE GAMBLING CLUB WAS SUFFICIENT TO ESTABLISH PROBABLE CAUSE. … most ominous statistics turned up by the President’s Crime Commission in their surveys was the estimated $2 billion paid out each year by organized crime to public officials in and out of the criminal justice system to buy immunity

Cherokee Pump & Equipment Inc. v. Aurora Pump

38 F.3d 246 · Court of Appeals for the Fifth Circuit · Nov 23, 1994

It should only be granted if the movant has clearly carried the burden of persuasion on all four Callaway prerequisites. … As the official comments to Article 3540 note, "only strongly held beliefs of a particular state qualify for the characterization of "public policy.' " Comment (f) to La.Civ.C. art. 3540.

Reinagel v. Deutsche Bank National Trust Co.

735 F.3d 220 · Court of Appeals for the Fifth Circuit · Oct 30, 2013

The Texas Supreme Court has established “a presumption ... that parties contracted for themselves,” which applies “unless it ‘clearly appears’ that they intended a third party to benefit from the contract.” 28 Here, the Reinagels … Bly’s conduct clearly falls within th[e] provision [of the Texas Penal Code that criminalizes forgery]'' (emphasis added). . See Tex. Civ. Pract. & Remedies Code §§ 121.004, 121.007. .

John H. Maxwell and Vera R. Maxwell v. United States

334 F.2d 181 · Court of Appeals for the Fifth Circuit · Jul 9, 1964

Except for qualifying shares, Mr. Maxwell owned all of the capital stock of Maxwell Steel Company, the business of which had formerly been operated by him as a sole proprietorship. … Taxpayers cannot prevail if the finding that the restoration was ineffective, 3 and without tax significance because of the worthlessness of the note is not clearly erroneous. They rely on the testimony of Mr.

Clark v. Prichard

812 F.2d 991 · Court of Appeals for the Fifth Circuit · Mar 23, 1987

The district court found as a factual matter, however, that Clark had failed to establish the existence of such a policy. … It is not contended on appeal that the district court was clearly erroneous. .

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.

City of Austin, Texas and Lower Colorado River Authority v. Decker Coal Company, a Joint Venture, Wytana, Inc. And Western Minerals, Inc.

701 F.2d 420 · Court of Appeals for the Fifth Circuit · Mar 28, 1983

Clearly under the contract interim increases in those costs are to be added to the price of coal. … To illustrate, writing a parking ticket does not qualify as regulation. .

Harper v. Lumpkin

64 F.4th 684 · Court of Appeals for the Fifth Circuit · Apr 5, 2023

‘contrary to, or involved an unreasonable application of, clearly established Federal law.’” Nelson, 952 F.3d at 658 (quoting 28 U.S.C. § 2254(d)(1)). … Harper has not identified any clearly established federal law that would allow reasonable jurists to debate this conclusion.

Susan Mills v. Juliet Garcia

614 F. App'x 174 · Court of Appeals for the Fifth Circuit · Jun 8, 2015

It is also undisputed that Dr. 8 Because Mills sues the UT-Brownsville officials in their official capacities for prospective injunctive relief—rather than damages—there is no qualified-immunity issue. Cf. … Walker, 142 F.3d at 819 (affirming district court’s decision to grant qualified immunity to the university officials on summary judgment because the university’s decision to terminate him did not so lack “a basis in fact

Fred Martinez v. State Bar of Texas

Court of Appeals for the Fifth Circuit · Mar 9, 2020

Martinez contends that his claims warrant relief because he sought declaratory and injunctive relief against the defendants in their official capacities, because the defendants are not entitled to qualified immunity, because … The court did not find that the defendants were entitled to qualified immunity on Martinez’s claims against them in their individual capacities; it instead ruled that Martinez had suffered no injury as a result of the procedure

United States v. Theodore Roosevelt Harris

458 F.2d 670 · Court of Appeals for the Fifth Circuit · May 11, 1972

All appellants in this case were alleged to have conspired to commit and to have committed precisely the same crime, allegations clearly within the ambit of 8(b). … An accused cannot be allowed to find himself immune from the law simply because he has run through every judge within his venue, and “used” judges must simply be recycled.

Phillip Wainscott v. Dallas County, Texas

408 F. App'x 813 · Court of Appeals for the Fifth Circuit · Jan 13, 2011

P. 12(b)(2), (4), (5), and (6) on grounds of improper parties, res judicata or claim preclusion, sovereign immunity, qualified immunity, and insufficient service of process. … Moreover, the district court did not discuss—much less mention—Defendants’ sovereign immunity and qualified immunity defenses.

Rock v. Huffco Gas & Oil Co.

922 F.2d 272 · Court of Appeals for the Fifth Circuit · Jan 31, 1991

Inadmissibility of Hearsay 18 District courts are given broad discretion in rulings on the admissibility of evidence; we will reverse an evidentiary ruling only when the district court has clearly abused this discretion and … See id. 59 The plaintiffs are seeking to admit hearsay testimony by family members of a deceased man concerning statements made prior to his death in order to establish the cause of his injury.