Case law

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.

David Thompson v. Bank of America N.A., et

783 F.3d 1022 · Court of Appeals for the Fifth Circuit · Apr 21, 2015

In 2009, the Thompsons contacted BOA to try to negotiate a loan modification but were informed that they did not qualify for the Home Affordable Modification Program because they were not delinquent in their payments. … Regardless, that case is distinguishable because it involved acts that more clearly evinced the bank’s intent to waive its right to declare default. . See Williams, 560 Fed.Appx. at 239-40 , Watson v.

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

Dee Ann Pemberton v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation

996 F.2d 789 · Court of Appeals for the Fifth Circuit · Aug 2, 1993

To qualify as a final judgment under section 1291, a judgment must constitute a final decision that “ ‘is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Budinich … Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949), and its progeny does not apply in such an instance if for no other reason than the fact that the order or judgment in question clearly

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

Michael Nero v. Industrial Molding Corporation

167 F.3d 921 · Court of Appeals for the Fifth Circuit · Apr 5, 1999

The supervisory personnel cite company documents establishing that the decision to terminate Nero occurred four days before the heart attack. … An employee’s right to return to the same position after a qualified absence falls under this category. See Bocalbos, 162 F.3d at 383 .

Farmers Export Company, Cross-Appellant v. M/v Georgis Prois, Marfo Compania S.A., in Personam, Cross-Appellee

799 F.2d 159 · Court of Appeals for the Fifth Circuit · Sep 5, 1986

One is that he could not state that the factors he listed actually were considered in establishing the $5,000 per hour charge. … In such a case, the federal interest in protecting maritime commerce is often best served by establishing uniform rules of conduct. See Louisiana ex rel Guste v.

Gray v. Killick Group

113 F.4th 543 · Court of Appeals for the Fifth Circuit · Aug 28, 2024

In addition to judicial estoppel, Killick argued Gray could not establish an employer-employee relationship under the economic-realities test. … Killick argued in its motion for summary judgment that Gray cannot meet his burden to establish an employer-employee relationship.

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.

48 Fair empl.prac.cas. 209, 48 Empl. Prac. Dec. P 38,402 Callie Walsdorf v. Board of Commissioners for the East Jefferson Levee District and John Lauricella, Jr.

857 F.2d 1047 · Court of Appeals for the Fifth Circuit · Oct 18, 1988

It is undisputed that plaintiff was the most qualified applicant. … Walsdorf had little difficulty establishing her prima facie case.

L & F Homes and Devel, L.L.C. v. City of Gu

Court of Appeals for the Fifth Circuit · Aug 8, 2013

Roundhill was, therefore, not qualified. … This evidence is rather thin even to establish actual injury, but it is wholly inadequate to establish causation. An injury must be fairly traceable to the challenged actions of the defendant.

Butler Aviation International, Inc. v. Whyte (In Re Fairchild Aircraft Corp.)

6 F.3d 1119 · Court of Appeals for the Fifth Circuit · Nov 17, 1993

The district court concluded that this finding was not clearly erroneous. … When considered in toto, though, we find that there was sufficient evidence to immunize the fact finding of the bankruptcy court from reversal as clear error. 2.

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. .

Billy Matthews v. Swift and Company and Globe Life Insurance Company

465 F.2d 814 · Court of Appeals for the Fifth Circuit · Oct 18, 1972

He is further unable to perform any other task for which he is qualified or fitted, considering his age, education, training, and experience. … Earlier pension plans had been established as far back as August 1, 1916 (App. 35).

Texas Keystone, Inc. v. Prime Natural Resources, Inc.

694 F.3d 548 · Court of Appeals for the Fifth Circuit · Sep 6, 2012

Because of Texas Keystone’s view that Excalibur was unable to qualify to participate in oil exploration or production ventures in Kurdistan under the new Oil and Gas Law, Excalibur was not a party to a concession with the … Additionally, several circuits have elaborated on the threshold standard that Section 1782 establishes. “[Section] 1782 does not establish a standard for discovery.

Floyd Donley, Sr. v. Hudsons Salvage, L.L.C., et a

517 F. App'x 216 · Court of Appeals for the Fifth Circuit · Feb 20, 2013

The lower court granted summary judgment and dismissed Donley’s claims on the basis of qualified immunity, and we affirmed. Donley v. Ordeneaux, 419 F. … Donley also argues that the officers are not entitled to qualified immunity; however, Donley’s arguments are precluded by a prior judgment. Ordeneaux, 419 F. App’x at 520. 7.

United States Department of Education v. Gerhardt

348 F.3d 89 · Court of Appeals for the Fifth Circuit · Oct 23, 2003

Under the second prong of the test, the district court correctly concluded that Ger-hardt has not established persistent undue hardship entitling him to discharge his student loans. … Under the facts presented by Gerhardt, it is difficult to imagine a professional orchestra musician who would not qualify for an undue hardship discharge.

Milton J. Seligman and Estate of Francine Seligman v. Commissioner of Internal Revenue, Faye S. Hutton and Estate of C. Herbert Hutton, Deceased, Faye S. Hutton v. Commissioner of Internal Revenue

796 F.2d 116 · Court of Appeals for the Fifth Circuit · Aug 8, 1986

DISCUSSION 9 In order for the appellant taxpayers to qualify for an investment tax credit under 26 U.S.C. Sec. 38 , they must satisfy the requirements of 26 U.S.C. … and distinct additional asset and that, as an inevitable consequence, the payment is capital in nature and not an expense, let alone as ordinary expense, deductible under Sec. 162(a) in the absence of other factors not established

United States v. Pedro Calderon-Pena

383 F.3d 254 · Court of Appeals for the Fifth Circuit · Aug 24, 2004

The majority states in conclusional fashion, “Clearly, the pared-down statute can be successfully prosecuted without proof of attempted use of force. … establish that the defendant’s actual offense qualifies as a crime of violence” (citing United States v.