Case law

John McClure Snook v. United States

451 F.2d 329 · Court of Appeals for the Fifth Circuit · Dec 1, 1971

In this case, the record establishes positively that the weapons in Taxpayer’s possession were acquired and used by him in a purely private capacity and were in no way required by or related to his actual activities as a … Status alone is not enough to invoke the immunizing shield — some actual relationship between possession of the weapons and legitimate law enforcement activities must be shown.

Jesus Salas, Agustin Negrete and Benjamin Menchaca v. Southwest Texas Junior College District

964 F.2d 1542 · Court of Appeals for the Fifth Circuit · Aug 11, 1992

And, as is more than well established, a finding of fact is clearly erroneous “only when although there may be evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction … The district court’s findings concerning the voting rolls were not clearly erroneous.

Gore Design Completions, Ltd. v. Hartford Fire Ins.

538 F.3d 365 · Court of Appeals for the Fifth Circuit · Aug 4, 2008

of Claim”), the paragraph defining Gore stated: “At all times, AeroTask and BaySys 1 In its motion for summary judgment, Hartford stated: “While there are serious questions concerning whether Gore qualifies … Here the Statement of Claim clearly implicates BaySys’s work by stating that BaySys was employed by Gore and acted as its agent.

Van Ooteghem v. Gray

628 F.2d 488 · Court of Appeals for the Fifth Circuit · Oct 22, 1980

I find no justification for the conclusion that cases subsequent to Pickering have "clearly established that the analysis (for determining whether a governmental employer may inhibit its employees' rights of free speech) … Although the court in Pickering, supra, pursued this inquiry in terms of whether the speech in question was, "on balance", "constitutionally protected", 391 U.S. at 568 , 88 S.Ct. at 1734 , subsequent cases have clearly established

United States v. Beleal Garcia-Gonzalez

714 F.3d 306 · Court of Appeals for the Fifth Circuit · Apr 17, 2013

The ultimate issue here is whether Congress intended for “any place” to mean that each place of harboring qualifies as a separate unit of prosecution. … As explained above, a rational trier of fact could have concluded that the government established these elements beyond a reasonable doubt. .

Banca Pueyo SA v. Lone Star Fund IX

55 F.4th 469 · Court of Appeals for the Fifth Circuit · Dec 13, 2022

Discussion The decisive issue raised by appellants, among a bevy of difficult issues, 4 is whether the district court’s ex parte approval of the § 1782(a) application was immune from adversarial testing. … For instance, appellants’ complaint that the appellee parties to one of the civil Lisbon proceedings are not “interested parties” to the other one, as explained above, clearly implies that discovery pertinent to one

Byrd v. Heinrich Schmidt Reederei

688 F.2d 324 · Court of Appeals for the Fifth Circuit · Sep 22, 1982

Indeed, plaintiffs rested their case without an offer of proof on inflation, which clearly would have been the most appropriate way to preserve the Penrod question for appeal. … Contrary to the claim in the Supplemental Brief of Defendant on Rehearing En Banc at 7, the record shows that counsel's argumentation went exclusively to whether defendant had opened the door to questioning otherwise clearly

Charbonnet v. Lee

951 F.2d 638 · Court of Appeals for the Fifth Circuit · Jan 28, 1992

immunity defense he presented at trial. … Charbonnet alleged that he established a policy that resulted in the deprivation of his property without due process.

James E. Dougherty v. Continental Oil Company, Truman Arnold Distributing Co., Inc., Genico Distributors, Inc., and Reed Distributing Co.

579 F.2d 954 · Court of Appeals for the Fifth Circuit · Sep 11, 1978

He did not, however, clearly inform the jury what his finding was with respect to geographical market. … The jury could evaluate the challenged restraints only in relationship to a clearly defined market.

Florida Fruit Canners, Inc. v. Walker

90 F.2d 753 · Court of Appeals for the Fifth Circuit · Jun 19, 1937

Since the charge must rest upon a finding of a breach of contract, the burden of establishing that breach rested upon appellee. … The charges of $457.25, denominated as improper charges, do not seem to be questioned by appellants, except on the general question of jurisdiction, and it clearly ap *760 pears that L.

United States v. Merritt

736 F.2d 223 · Court of Appeals for the Fifth Circuit · Jun 29, 1984

Hughes was qualified to render an opinion as to the meaning of the words “Phoenix”, “Dragon”, and “Home Place”. The district court did not abuse its discretion in permitting the expert testimony. See United States v. … The district court’s conclusion that the M/V FORTY voluntarily consented to go to the marina is not clearly erroneous.

Management Insights, Inc. v. Baxter Healthcare Corp.

73 F. App'x 678 · Court of Appeals for the Fifth Circuit · Aug 18, 2003

Services to be Rendered by Mil Mil shall exercise its best efforts to assist [Baxter] in qualifying for Tax Benefits available under the Statutes.... … Under Texas law, a contract is ambiguous if, “after applying established rules of interpretation, the written instrument remains reasonably susceptible to more than one meaning.” Id.

Albert Gus Hodges v. United States

223 F.2d 140 · Court of Appeals for the Fifth Circuit · Jun 2, 1955

This relative immunity from taxation has persisted in spite of the fact that wagering has many characteristics which make it particularly suitable as a subject for taxation. … Is this the way he would have defended himself if the indictment had charged the offense which it failed to allege, but of which the court now says he may stand convicted — by striving his utmost to establish it?

United States v. Harris

84 F.4th 596 · Court of Appeals for the Fifth Circuit · Oct 17, 2023

“A factual finding is not clearly erroneous as long as it is plausible in light of the record read as a whole.” United States v. … To forcibly medicate a criminal defendant for the purpose of restoring his competency to stand trial, the Government must establish that: (A) “important governmental interests are at stake,” taking into account that

Missouri Pacific Railroad Company v. Clyde Austin

292 F.2d 415 · Court of Appeals for the Fifth Circuit · Jul 28, 1961

Mellon, D.C.N.Y.1927, 21 F.2d 562 . 7 On the issue of Austin's 50% interest, the Railroad has not met the burden of F.R.Civ.P. 52(a), 28 U.S.C.A., of demonstrating that the Trial Court's finding was clearly erroneous. 8 8 … the paper as a business record exhibit to establish the fact that these words were spoken by Flicks in 1953.

Dcp Farms v. Clayton Yeutter, Secretary of Agriculture, and U.S. Department of Agriculture, Agricultural Stabilization & Conservation Service

957 F.2d 1183 · Court of Appeals for the Fifth Circuit · Apr 22, 1992

It was clearly not the intent of Congress that such operations would qualify for such vast sums; if this operation does receive the reported $1.4 million, it will only happen because USDA has failed to implement and enforce … The district court relies upon two facts to support its conclusion that the USDA process would be futile because the claim would clearly be rejected.

Calbillo v. Cavender Oldsmobile, Inc.

288 F.3d 721 · Court of Appeals for the Fifth Circuit · Apr 25, 2002

Negligence To reco ver under a negligence cause of action, Calbillo must establish that Allied owed a legal duty to him, and then, that Allied breached the duty and Calbillo suffered damages proximately caused … As we observed in Willis, however, t he Texas high court also stated that “the only court of last resort in any American jurisdiction to clearly consider the issue has held that no tort duty to use reasonable care should

LaPierre v. Benson Nissan, Inc.

86 F.3d 444 · Court of Appeals for the Fifth Circuit · Jun 27, 1996

Id. 3 Once established, the plaintiff's prima facie case raises an inference of intentional discrimination. Id. … Current members of Benson Nissan's management testified that LaPierre was qualified for the Director position and that he was as qualified as the persons selected for that position.

KRAL, INC., D/B/A Ed’s Automatic Transmission Service, Et Al., Plaintiffs-Appellants, v. SOUTHWESTERN LIFE INSURANCE COMPANY, Defendant-Appellee

999 F.2d 101 · Court of Appeals for the Fifth Circuit · Aug 16, 1993

Clearly, the first element that Zeigler is-a fiduciary under ERISA as to the Krai Plan is met under the undisputed facts. … Therefore, plaintiffs have failed to establish genuine issues of fact on the necessary elements of vicarious liability.

Evelyn JACKSON, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellee

648 F.2d 225 · Court of Appeals for the Fifth Circuit · Jun 15, 1981

Since she was over twenty-five years old, Nugent qualified as a' participant in the school’s pension plan. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.