Case law

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.

Lloyds of London, Plaintiff-Counter-Defendant-Appellant v. Transcontinental Gas Pipe Line Corporation, Defendant-Counter-Claimant-Appellee

101 F.3d 425 · Court of Appeals for the Fifth Circuit · Dec 12, 1996

In the previous incarnation of this case, we held that if the contract concerned work either at the 133A meter or upstream of the 133A meter, the contract qualified as “pertaining to a well” under the LOAIA. … Thus, reading the plain meaning of the contract within its four corners, the contract clearly concerns meter stations.

Jesse Earl McCormack v. Noble Drilling Corporation, Chevron Oil Company, Employers Mutual Liability Insurance Company, Intervenor-Appellee

608 F.2d 169 · Court of Appeals for the Fifth Circuit · Dec 12, 1979

The standard of review for questions concerning sufficiency of the evidence is firmly established in this Circuit. … Exhibits at trial clearly indicated that the tubing to which the tongs were attached bent as much as twenty degrees from the vertical. 5 .

United States v. Gadison

8 F.3d 186 · Court of Appeals for the Fifth Circuit · Nov 15, 1993

A factual finding is clearly erroneous only where it is implausible in light of the record read as a whole. Id. … Finally, we conclude that Gadison's conviction for theft by check does not "indicate[] a likelihood of recurring criminal conduct," Hardeman, 933 F.2d at 281, especially since to qualify as a Class

Palms v. Texas Children's Hospital

Court of Appeals for the Fifth Circuit · Aug 11, 2025

It held that Palms failed to establish a prima facie case for her Title VII failure to accommodate claim. … That fact fully establishes the hospital’s appreciation of Palms’ bona fide religious belief.

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. .

Ina Belle Thompson and B. D. White, Administrators of the Estate of I. W. Thompson v. United States

430 F.2d 388 · Court of Appeals for the Fifth Circuit · Sep 15, 1970

Thompson established a trust known as “Selected Minority Funds” 1 and appointed himself as sole trustee. … The purpose of the trust fund was to provide aid to deserving college students who, in order to qualify as beneficiaries, must declare a belief in democratic socialism and agree to refrain from the use of intoxicating liquor

Mildred Prunty v. Arkansas Freightways, Inc., and Chuck Baugh

16 F.3d 649 · Court of Appeals for the Fifth Circuit · Apr 18, 1994

We therefore hold that the district court, while not clearly erring in its findings of fact, erred in its conclusion of law by denying Mrs. … However, the district court found that she never applied for the position, that she did not inform her superior officers that she was interested in the position, and that she was not qualified for the position.

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 v. L.C. Lister, Jr.

53 F.3d 66 · Court of Appeals for the Fifth Circuit · May 5, 1995

One of the considerations in determining whether a defendant qualifies for an acceptance of responsibility deduction is “the timeliness of the defendant’s conduct in manifesting the acceptance of responsibility.” Id. … A nexus between the threat and the count of conviction, if required, is clearly present in this case.

Porretto v. City of Galveston

113 F.4th 469 · Court of Appeals for the Fifth Circuit · Aug 21, 2024

Defendants also contended that Porretto’s claims are barred by governmental immunities. … Though Porretto failed to cite § 1983 (or 28 U.S.C. § 1331, for that matter), her complaint clearly raises constitutional claims.

Deutsche Shell Tanker Gesellschaft Mbh, Plaintiff-Appellant/cross-Appellee v. Placid Refining Company, Defendant-Appellee/cross-Appellant

993 F.2d 466 · Court of Appeals for the Fifth Circuit · Jun 8, 1993

Captain Schatzel was able to interswitch the two radar systems and establish a picture on the 3-cm display. … There were no qualified radar technicians on board the vessel. 2 .

Southerland v. Thigpen

784 F.2d 713 · Court of Appeals for the Fifth Circuit · Mar 14, 1986

In addition, breast-feeding generally aids infants in developing immunities from gastrointestinal and respiratory infections. … The district court’s finding that disruption of breast-feeding would not be life threatening to Matthew is not clearly erroneous. Indeed, there is no evidence to the contrary.

Churchill v. Texas Department of Criminal Justice

539 F. App'x 315 · Court of Appeals for the Fifth Circuit · Aug 19, 2013

Churchill additionally argues that he established pretext by demonstrating he is “clearly better qualified” than Mossbarger. … Even so, it is clear that a plaintiff must still establish that he is “clearly better qualified” under Ash.7 Moreover, it is clear that the “clearly better qualified” standard “should be understood to mean that disparities

Hydrocarbon Production Co., Inc. v. Valley Acres Water Dist.

204 F.2d 212 · Court of Appeals for the Fifth Circuit · May 25, 1953

These Constitutional provisions have been said to be a mandate which evidences and declares the policy of Texas with reference to the irrigation and drainage of lands within the State. 4 It is clearly declared by the Texas … Article 7880-76, Vernon’s Texas Civil Statutes, establishes procedure for the creation of conservation and reclamation districts by petition of landowners to the County Commissioners Courts.

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.

Schafer v. Carmona

71 F. App'x 350 · Court of Appeals for the Fifth Circuit · Aug 11, 2003

Qualified Immunity Qualified immunity “shields a state official from personal liability for damages under 42 U.S.C. § 1983 when the official’s exercise of discretionary authority results in a violation of an individual … qualified immunity.

U.S. Bank National Ass'n v. Verizon Communications, Inc.

761 F.3d 409 · Court of Appeals for the Fifth Circuit · Jul 30, 2014

Although Taylor was “qualified,” Hopkins was also qualified, 18 and he noted numerous errors in her methodology. The trial record also contained ample evidence with which to challenge Taylor’s methods and conclusions. … The court has wide discretion in determining whether an expert is qualified. Moore v. Ashland Chemical, Inc., 151 F.3d 269, 274 (5th Cir. 1998).

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.

Enriquez-Gutierrez v. Holder

612 F.3d 400 · Court of Appeals for the Fifth Circuit · Jul 16, 2010

We find that the transcripts at issue in this case qualify as “official documents” under § 1003.1(d)(3)(iv). … In his briefing, Enriquez seems to assume that the BIA’s determination regarding the scope of his stipulation qualifies as a question of fact.