Case law

Brian Nelson v. Rory Griffin

Court of Appeals for the Fifth Circuit · Jul 12, 2019

clearly evince a wanton disregard for any serious medical needs.” … Furthermore, Nelson does not challenge the district court’s conclusion that he failed to rebut the applicability of qualified immunity.

Allen Frazier, a Minor by Ferrol Frazier, Next Friend v. Continental Oil Company

568 F.2d 378 · Court of Appeals for the Fifth Circuit · Feb 24, 1978

The rationale in Muncie for the admission of the F.A.A. circulars is clearly and comprehensively explicated in this court’s opinion. … The record discloses that Brown was well qualified in his field and fully capable of forming an independent opinion concerning the cause of the explosion.

Hamilton v. United Healthcare of Louisiana, Inc.

310 F.3d 385 · Court of Appeals for the Fifth Circuit · Nov 7, 2002

On August 21, 2001, the district court concluded that no independent basis for federal subject matter jurisdiction existed over the remaining state law claims because Hamilton failed to establish that the amount in controversy … Resolution of the “debt collector” issue in this case is clearly tied to a determination of the circumstances surrounding the inception of the debt.

United States v. Gibson

55 F.3d 173 · Court of Appeals for the Fifth Circuit · Jun 5, 1995

McKeever, 906 F.2d 129, 132 (5th Cir. 1990), cert. denied, 498 U.S. 1070 (1991) ("Distinctive odors, detected by those qualified to know them, may alone establish probable cause.") … Next, is that fact determination clearly 1 The identity (or even the number) of speakers on the tape are not identified in the record: Were they gone?

Mitchell v. Wright

154 F.2d 924 · Court of Appeals for the Fifth Circuit · Apr 24, 1946

The establishment of a rate is the making of a rule for the future, and therefore is an act legislative, not judicial, in kind, as seems to be fully recognized by the supreme court of appeals. * * * "Proceedings legislative … The terms "weight" and "evidence" clearly denote a finding of fact, and "verdict," the application of the fact to the law as charged by the court.

Scofield v. O'connor

241 F.2d 65 · Court of Appeals for the Fifth Circuit · Feb 1, 1957

if at all revealed in the decision, could, in their uncontrolled discretion, determine as a fact in each case whether a sale of an oil payment interest is or is not too insubstantial to qualify for capital gains treatment … To the contrary, stating: 11 'It is clearly true, as already indicated, that an oil payment, like royalty, is an interest in property, an interest in realty, (and) an interest in minerals in place.' 12 and declaring: 13 '

United States v. Billy W. Gray, Lee Andrew Fennell, Roger Lee Wright, Ronald Cecil Barker and Vance C. Dyar

626 F.2d 494 · Court of Appeals for the Fifth Circuit · Sep 26, 1980

The Government need only introduce slight evidence of a particular defendant’s participation once the conspiracy is established, but must establish, beyond a reasonable doubt, that each member had a knowing special intent … His explanation clearly went to the amount of evidence necessary to establish participation in a conspiracy.

Bayou Fleet Prtnshp v. Dravo Basic Material

Court of Appeals for the Fifth Circuit · Jun 2, 1997

Dravo established three stockpiles of limestone on the Clulee property, each of which was placed on a foundation made from hardened limestone commonly called a "working base." … Findings of fact are upheld unless clearly erroneous.5 The classification of the limestone is a matter of law which we review de novo.6 The Civil Code classifies things

Rohm And Haas Company v. Dawson Chemical Company

599 F.2d 685 · Court of Appeals for the Fifth Circuit · Jul 30, 1979

The revision would clearly extend it in several respects. … Opponents of the bill saw this clearly. In the 1949 Hearings, Mr. John C.

In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection Agency

805 F.2d 1175 · Court of Appeals for the Fifth Circuit · Nov 25, 1986

. 554 is unqualified on its face. 10 By contrast, the automatic stay was expressly qualified by Congress-- 11 U.S.C. … The effect of an exception is not to make the action immune from injunction. The court has ample other powers to stay actions not covered by the automatic stay.

United States v. Longhorn Portland Cement Company

328 F.2d 491 · Court of Appeals for the Fifth Circuit · Apr 8, 1964

It is too low in calcium carbonate content to qualify for use in agricultural limestone, and it is too soft to qualify for other uses for which limestone is normally used such as road material, ballast and concrete aggregate … Monolith Portland Cement Co., supra, wherein the Supreme Court clearly states what it held and concluded in Cannelton. The material facts in Monolith parallel closely the facts in this case.

City of Palestine v. United States

559 F.2d 408 · Court of Appeals for the Fifth Circuit · Sep 19, 1977

In 1875, then, I&GN agreed to establish its offices, machine shops and roundhouses at Palestine. … Section 5(ll)’s description of the freedom enjoyed by carriers in an approved merger recognizes that the carriers’ immunity from state law extends only “insofar as may be necessary to enable them to carry into effect the

Lineas Aereas Colombianas Expresas v. The Travelers Fire Insurance Company

257 F.2d 150 · Court of Appeals for the Fifth Circuit · Jul 30, 1958

The Insurer underwrote, or so it thought it had, a plane that would be operated by persons qualified under the Colombian law and in accordance with its Colombian Certificate of Air Navigability. … Clearly the fact that •the plane was engaged in operations which violated its Colombian Certificate, the Colombian law, and hence the requirements of the policy was uncontradicted.

Eduardo Sanchez v. Shaylon Allen

611 F. App'x 792 · Court of Appeals for the Fifth Circuit · Apr 23, 2015

The district court granted the defendants’ motion for summary judgment on the grounds that the claims lacked merit, and the defendants were entitled to Eleventh Amendment immunity and qualified immunity. … Also without merit is Sanchez’s claim that he was punished in excess of established prison procedures, thereby resulting in a due process violation.

Mandana Kashanian McBride Also Known as Mandana Kashanian Milne v. Immigration and Naturalization Service, Mehrangiz Eghbal Pixley v. Immigration and Naturalization Service

238 F.3d 371 · Court of Appeals for the Fifth Circuit · Jan 19, 2001

That report notes that: 20 Under the rules in effect before [the IIRIRA amendments], [an] otherwise eligible person could qualify for suspension of deportation if he or she had been continuously physically present in the … Congress has expressed a desire to reduce the time that an alien can prolong his stay following issuance of a deportation order, a goal clearly furthered by the BIA's interpretation of the stop-time rule. III.

Household Goods Carriers' Bureau v. John J. Terrell, John J. Terrell v. Aero Mayflower Transit Co., Inc.

452 F.2d 152 · Court of Appeals for the Fifth Circuit · Nov 22, 1971

Because all rates quoted from the Rand McNally guide were uniform, DTMS used a system of “equitable allocation” whereby qualified carriers were awarded government, business on a rotating basis. … governmental policies are not necessarily immunized from prosecution under the Sherman Act.

Neal v. Puckett

264 F.3d 1149 · Court of Appeals for the Fifth Circuit · Jan 22, 2001

In this case, the “clearly established Federal law” is the Supreme Court’s decision in Strickland v. … As the Supreme Court noted recently, It is past question that the rule set forth in Strickland qualifies as “clearly established Federal law, as determined by the Supreme Court of the United States.”

United States v. Martino

648 F.2d 367 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

It has long been recognized that “[c]itizens generally are not constitutionally immune from grand jury subpoenas.” Branzburg v. Hayes, 408 U.S. 665, 682 , 92 S.Ct. 2646, 2657 , 33 L.Ed.2d 626 (1972). … The evidence does not establish withdrawal by Farina.

Brian Toval v. Children's Hospital

614 F. App'x 170 · Court of Appeals for the Fifth Circuit · Jun 8, 2015

First, Toval argues that he has shown that he was clearly more qualified than Zimmer. … Because the project team lead position is primarily a managerial position, Toval has failed to show that his additional IT education made him “clearly better qualified.”

Brown v. CSC Logic, Inc.

82 F.3d 651 · Court of Appeals for the Fifth Circuit · May 13, 1996

Brown's evidence is purely speculative and insufficient to establish a prima facie case of employment discrimination. … Unlike the comments made to Brown, all of these comments were directed at Davis, and were all clearly age-related.