Case law

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.

Charles Edward Williams v. United States

238 F.2d 215 · Court of Appeals for the Fifth Circuit · Dec 7, 1956

Moreover, he was silent, making no objection to the charge as given which clearly told the jury that they could convict him of the crime of conspiracy if they found the object of the conspiracy to be the violation of any … The Supreme Court has held that: “The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.” Bozza v.

Briseno v. Cockrell

274 F.3d 204 · Court of Appeals for the Fifth Circuit · Dec 13, 2001

established Federal law, as determined by the Supreme Court of the United States . . . . 8 state court’s application of clearly established federal law was objectively … punishment. 14 Appeals held that “[e]xcept for certain federal constitutional errors labeled by the United States Supreme Court as ‘structural,’ no error . . . is categorically immune

Owens v. City of Austin Plce

259 F. App'x 621 · Court of Appeals for the Fifth Circuit · Dec 11, 2007

The doctrine of qualified immunity shields government officials from civil liability for performing discretionary functions “insofar as their conduct does not violate clearly established . . . constitutional rights of which … Thus, he is entitled to qualified immunity.2 C.

Woodlands Pride v. Paxton

Court of Appeals for the Fifth Circuit · Nov 6, 2025

The restaurant is in a strip mall with several other businesses that can view the patio “very clearly.” 360 Queen and Tomatillos have an agreement that on show days, 360 Queen “controls” the patio from the morning until the … See Inst. for Free Speech, 148 F.4th at 329. 360 Queen has established an injury in fact.

Williams v. Public Finance Corp.

598 F.2d 349 · Court of Appeals for the Fifth Circuit · Jul 5, 1979

Hanley clearly stated that, for reasons of public policy, money paid pursuant to such a contract cannot be recovered. … The ILA establishes for these loans permissible interest rates that are much higher than the rates under Georgia’s general usury statute, Ga.Code Ann. § 57-101 (1977).

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).

Jessie Johnson v. Owen Murray

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Murray and Linthicum pleaded qualified immunity. … The individual capacity claim fails because the summary judgment evidence presented by Johnson establishes at best only malpractice by his attending physicians or Johnson’s disagreement with them about proper treatment.

Cristoval Silva-Trevino v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit · Feb 7, 2014

Rather, we consider only the means by which judges may determine whether a given conviction qualifies. … of the procedure for determining whether a particular conviction qualifies . . . .”

United States v. John Dohm and Robert Rowen

597 F.2d 535 · Court of Appeals for the Fifth Circuit · Jun 21, 1979

of the law, much less on the magistrate’s implied or limited guarantee of some immunity. … A lawyer, however, might have been more able or inclined to ask the magistrate to clarify his statements, or to explain the law himself more clearly to his client.

Liberty Mutual Fire Insurance Company v. Canal Insurance Company

177 F.3d 326 · Court of Appeals for the Fifth Circuit · May 26, 1999

Instead, Sierra contracted for the transportation services of an airplane and a qualified pilot. … Canal next contends that Wilson qualifies as an insured under subsection 1(b) because he was using, with ATCO’s permission, a covered auto hired by ATCO.

Travis v. Potter

221 F. App'x 345 · Court of Appeals for the Fifth Circuit · Mar 7, 2007

Nonetheless, the arbitrator concluded that “there was clearly evidence that there was sufficient cause to justify discipline.” … To obtain relief under the Rehabilitation Act, a plaintiff “must prove that (1) he is an individual with a disability; (2) who is otherwise qualified; (3) who worked for a program or activity receiving Federal

Internal Revenue Ser v. Luongo

Court of Appeals for the Fifth Circuit · Aug 9, 2001

Under the circumstances presented here, the bankruptcy court’s decision not to abstain was clearly proper. 13  II. … Ed. 2d 718 (1999) (statutes abrogating sovereign immunity are to be strictly construed).

Palm Valley Health Care, Inc. v. Alex Azar, II, Se

947 F.3d 321 · Court of Appeals for the Fifth Circuit · Jan 15, 2020

It argued that the beneficiaries qualified as homebound and thus were eligible for home health services. … Palm Valley has not established substantial prejudice from the delay.

Fernando Escudero-Arciniega v. Eric Holder, Jr.

702 F.3d 781 · Court of Appeals for the Fifth Circuit · Dec 11, 2012

If, however, an alien pleads guilty under a divisible statute, at least one provision of which would not qualify as an aggravated felony, courts may 3  Case: 11-60837 … We will, therefore, follow our precedent3 and find that burglary of a vehicle under the New Mexico statute constitutes a crime of violence, as the requirements this statute establishes are indistinguishable from those the

Castillo v. City of Weslaco

162 F. App'x 357 · Court of Appeals for the Fifth Circuit · Jan 12, 2006

Finding that the Officers sufficiently alleged a violation of clearly established federal law, the district court denied the Appellants' motion for summary judgment asserting qualified immunity … immunity.”

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

Federal Savings And Loan Insurance Corporation v. Mackie

962 F.2d 1144 · Court of Appeals for the Fifth Circuit · Aug 24, 1992

We further hold that only Mackie's fraud claim is clearly barred by D'Oench, Duhme. … Clearly, the district court is in a better position to determine the negotiability of the note.

United States v. Patterson

431 F.3d 832 · Court of Appeals for the Fifth Circuit · Dec 1, 2005

4 defendant’s] actions establish him as ‘an unlawful user of a controlled substance’ while in possession of a firearm.” … As the statute applies to Patterson, it is not vague; an ordinary person would understand that Patterson’s actions establish him as an unlawful user.

United States v. William Tarpley

945 F.2d 806 · Court of Appeals for the Fifth Circuit · Nov 5, 1991

The district court here followed established procedure for addressing allegations of juror misconduct. … The standard for their review is “ ‘whether the court’s charge, as a whole, is a correct statement of the law and whether it clearly instructs the jurors as to the principles of law applicable to the factual issues confronting