Case law

Jack J. Bruce v. Travelers Insurance Company

266 F.2d 781 · Court of Appeals for the Fifth Circuit · Apr 20, 1959

The intention of these provisions of the by-laws is clearly to allow the corporation to determine for itself what persons shall be officers and how they shall be chosen. … Gianfala, supra, did not intend to do away with the established federal procedure, whereby in a civil action at law the judge may direct a verdict if there is no issue of fact to be submitted to the jury on a decisive issue

Apple Barrel Productions, Inc. v. R.D. Beard

730 F.2d 384 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

In reviewing the actions of the district court for abuse of discretion, we uphold the district court's findings of fact unless clearly erroneous. Fed.R.Civ.P. 52(a). … musical selections concededly in public domain entitled to copyright protection since book as a whole was original work). 14 Just as with any song or dance submitted alone, a collection of non-copyrightable material may qualify

Black v. Cockrell

314 F.3d 752 · Court of Appeals for the Fifth Circuit · Jan 16, 2003

At the least,'it is by no means clearly established. Cronic speaks to the absence of counsel at a critical stage of a trial. … That pool may be summoned and qualified for jury service by a presiding judge before an indictment is even drawn for cases to come.

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.”

Silva v. Vowell

621 F.2d 640 · Court of Appeals for the Fifth Circuit · Jun 26, 1980

In Hagans the Court said, “In none of these cases did the Court think that with jurisdiction fairly established, a federal court under Gibbs , must nevertheless decide the constitutional issue and avoid the statutory claim … This argument is premised on the contention that no one who was denied benefits under the sixty-day eligibility requirement is now likely to be able to qualify under the thirty-day eligibility requirement.

Ernest Delesma v. City of Dallas and the State Fair of Texas

770 F.2d 1334 · Court of Appeals for the Fifth Circuit · Sep 16, 1985

But § 1988 quite clearly instructs us to refer to state statutes; it does not say that state law is to be accepted or rejected based solely on which side is advantaged thereby. 436 U.S. at 593 , 98 S.Ct. at 1996-97 . … Accordingly, although Texas has since abolished the contributory negligence defense on which the judgment against Delesma partly rested, see Tex.Rev.Civ.Stat.Ann. art. 2212a, § 1 (Vernon Supp.1985) (establishing comparative

Cheshire v. CIR

Court of Appeals for the Fifth Circuit · Mar 26, 2002

In fact, only the money placed in a qualified account was properly excludable from the Cheshires’ taxable income. … The Tax Court’s determination that Appellant is not entitled to innocent spouse relief under § 6015(c) is not clearly erroneous. VII.

Thomas Edward Hanley v. United States

416 F.2d 1160 · Court of Appeals for the Fifth Circuit · Oct 28, 1969

But it is equally well established by the authorities that this power should be exercised only when it clearly and affirmatively appears from the opening statement that the charge against the defendant cannot be sustained … Martin’s conclusion that the checks should be attributed to Thomas Hanley was opinion evidence, and since she was not qualified as an expert, her opinion (and the damaging initials, of course) should not have been considered

Guajardo v. City of Brownsville

Court of Appeals for the Fifth Circuit · Oct 17, 2000

An order denying qualified immunity is immediately * Pursuant to 5TH CIR. … The district court’s denial of summary judgment as to Ana Hernandez’s qualified immunity is REVERSED.

32 Fair empl.prac.cas. (Bna) 1451, 32 Empl. Prac. Dec. P 33,813 Jack Elliott, Plaintiffs-Appellees-Cross v. Group Medical & Surgical Service, Group Hospital Service, Inc., Defendant-Appellant-Cross

714 F.2d 556 · Court of Appeals for the Fifth Circuit · Sep 16, 1983

In order to establish a prima facie case the discharged employee, generally, must prove he (1) is within the protected class; (2) was discharged; (3) was qualified for the position; (4) was replaced by someone outside the … There we concluded that summary judgment for an employer was improper where the evidence did not clearly establish when the employee's "on call" status had terminated, notwithstanding that the employee had earlier received

prod.liab.rep.(cch)p 12,855 Joe C. Mozeke and Lizzie B. Mozeke v. International Paper Co., and Kamyr, Inc.

933 F.2d 1293 · Court of Appeals for the Fifth Circuit · Jun 25, 1991

IP personnel conduct the acid cleaning in accordance with a detailed safety procedure IP established. … As the district court correctly pointed out, however, Walter is clearly distinguishable from this case. Walter involved the unforeseeable use of a professional power tool. Id.

Securities & Exchange Commission v. Southwest Coal & Energy Co.

624 F.2d 1312 · Court of Appeals for the Fifth Circuit · Aug 28, 1980

Under the Manor Nursing construct, however, one who proves a misrepresentation actionable under § 11 or § 12(2) has also proved a violation of § 5, thus automatically establishing liability per se under § 12(1). … These conclusions are not clearly erroneous. .

John Poullard v. Paul Toce

676 F. App'x 327 · Court of Appeals for the Fifth Circuit · Feb 8, 2017

The district court granted summary judgment in favor of Toce based on his qualified immunity. … To do so, he must show that Toce violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v.

Eugene W. Tyler v. Trammell E. Vickery, Ralph Banks, Jr. v. Trammell E. Vickery, James E. C. Perry v. Edward S. Sell, Jr.

517 F.2d 1089 · Court of Appeals for the Fifth Circuit · Aug 20, 1975

The significance of the MBE, as a multiple choice test, is that its scores are immune to any variation arising from the use of Black English. 4 After perusing the *1095 MBE results, the district court observed that on the … While appellants suggest that there is language in Baker which indicates that strict scrutiny is generally applicable to qualifying examinations, the basis of our holding there was the affirmance of an explicit finding of

Thompson v. Cockrell

263 F.3d 423 · Court of Appeals for the Fifth Circuit · Aug 23, 2001

On remand, the district court, adopting the magistrate judge’s recommendation, concluded that Thompson had not established a due process violation. … Only deprivations of interests that “clearly impinge on the duration of confinement . . . will . . . qualify for constitutional ‘liberty’ status.” See Orellana, 65 F.3d at 31-32.

Lopez v. Vowell

471 F.2d 690 · Court of Appeals for the Fifth Circuit · Jan 9, 1973

The plain language, legislative history, and purposes of the Act make clear that so long as one is needy and qualifies as a caretaker relative within the meaning of § 406, 42 U.S.C.A. § 606 , no further restriction on eligibility … 502, 508 , 30 L.Ed.2d 448 , held that “AFDC resources may not be protected by the device of adopting eligibility requirements restricting the class . made eligible by federal standards. . . . ” Thus, while_ a State may establish

United States v. Bittner

Court of Appeals for the Fifth Circuit · Nov 30, 2021

The government also moved for summary judgment on Bittner’s liability for $1.77 million in penalties— $10,000 for each admitted qualifying account from 2007 to 2010—arguing that Bittner did not qualify for the reasonable-cause … The taxpayer bears the “heavy burden” of establishing reasonable cause. United States v.

Henry J. Kirksey, Individually and on Behalf of All Others Similarly Situated v. Board of Supervisors of Hinds County, Mississippi, Defendants

554 F.2d 139 · Court of Appeals for the Fifth Circuit · Jul 25, 1977

Carey, supra, clearly holds that in cases arising under the Voting Rights Act, 42 U.S.C.A. § 1973 et seq., a state legislature may constitutionally do so. … Then, this court establishes an evidentiary rule and defaults the defend *163 ants for failing to have predicted and followed it.

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

United States v. J. B. Zarzaur

381 F.2d 981 · Court of Appeals for the Fifth Circuit · Jul 31, 1967

your duty to determine after a fair and impartial consideration of all of the evidence before you in light of the instructions of the court as to the law, whether the Ranch House Club, Inc. was a private membership club, qualified … The operation of the establishment involved violations of the State’s liquor laws.