Case law

United States v. Bobby Curtis

769 F.3d 271 · Court of Appeals for the Fifth Circuit · Jul 15, 2014

The E-Rate Program provides discounts to qualifying schools and libraries on eligible telecommunication or internet services by paying a percentage of the fee for such services. … Curtis does not argue that the court’s factual findings in this regard are “clearly erroneous,” nor does the record suggest that they are implausible. See United States v.

Major Fortenberry v. Ross Maggio, Jr., Warden

664 F.2d 1288 · Court of Appeals for the Fifth Circuit · Jan 4, 1982

Both eyewitnesses clearly saw the participants, who were not disguised and were within several feet of them. . . . King, the other eyewitness, testified that he had known the defendant prior to the crime. … If appellant’s contentions concerning King’s testimony are true, he might be able to “establish by convincing evidence that the factual determination by the state court was erroneous.” 28 U.S.C. § 2254 (d).

Donnie McDonald v. Eddie Lucas

677 F.2d 518 · Court of Appeals for the Fifth Circuit · Jun 4, 1982

“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but it is not inevitably either necessary or sufficient to establish … We have, then, if the word “silence” may be qualified, more silence as to intent than existed in Butler . Our presumption must be that McDonald did not waive his rights.

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.

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.

United States v. City of New Orleans

731 F.3d 434 · Court of Appeals for the Fifth Circuit · Sep 27, 2013

The City argues that the actions of Perricone and others qualify as “misconduct” that should provide relief from the judgment under Rule 60(b)(3). … a standard registration form for officers wishing to be assigned to secondary employment and procedures to determine whether an officer qualifies for such employment.

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.

Fed. Sec. L. Rep. P 97,937 Mary S. Krech Trust and Mark Marks, Mary S. Krech Trust v. The Lakes Apartments

642 F.2d 98 · Court of Appeals for the Fifth Circuit · Apr 6, 1981

Here, the defendants established number and identity, in addition to financial wealth and the full information required as to all offerees. … Threshold issues — was the jury verdict offset by motion for directed verdict; and were interstate sale or offer reflected clearly in the record? 2.

Jeannene Meinecke v. H & R Block of Houston, a General Partnership, and Administaff, Inc.

66 F.3d 77 · Court of Appeals for the Fifth Circuit · Nov 9, 1995

To establish a prima facie case of discrimination under Title VII, a plaintiff must prove that: (1) she is a member of a protected class; (2) she was qualified for the position that she held; (3) she was discharged; and ( … The evidence clearly establishes that H & R Block closed the Houston headquarters office where Meinecke worked and abolished her position as part of the reorganization plan that accompanied Michael Merriman’s purchase of

Ruben Cardenas v. William Stephens, Director

820 F.3d 197 · Court of Appeals for the Fifth Circuit · Apr 14, 2016

. § 2254(d)(1), which states that we may grant relief only if the Texas judgment “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United … Fur- ther, only the authoritative pronouncements of the Supreme Court qualify as clearly established law; our own cases and those of our sister circuits cannot serve as the basis for habeas relief if not squarely backed by

Paul Randolph Liner, Cross v. J. B. Talley and Company, Inc., Cross North River Insurance Company and International Surplus Lines Insurance Company

618 F.2d 327 · Court of Appeals for the Fifth Circuit · Jun 2, 1980

It appears only that Liner desired to impeach for bias or interest by establishing Smith’s salary with Talley and by evidence of an unrelated accident at Faeiane’s workyard. … Liner contends that the jury’s finding of no negligence was “clearly and manifestly erroneous” in view of the law and the evidence.

Blank v. United States

Court of Appeals for the Fifth Circuit · Jan 31, 2023

(Blank’s claims against the two other defendants were dismissed on qualified-immunity grounds at the summary-judgment stage and were not timely appealed. … As for the bill of costs, Federal Rule of Civil Procedure 54(d)(1) establishes “a strong presumption that the prevailing party will be awarded costs”. Pacheco v. Mineta, 448 F.3d 783, 793 (5th Cir. 2006).

James G. Davis v. State of Alabama

545 F.2d 460 · Court of Appeals for the Fifth Circuit · Jan 14, 1977

A problem with appellant’s argument, however, clearly exists. … . § 2254 , the petitioner must establish that the state court violated a federal constitutional right.

The McCarty Corporation, Cross-Appellee v. Pullman-Kellogg, Division of Pullman, Inc., Cross-Appellant

751 F.2d 750 · Court of Appeals for the Fifth Circuit · Jan 28, 1985

This finding is not clearly erroneous. Mr. W.T. … A plaintiff establishes a prima facie right to recover overhead and profit if he proves the amount of overhead allocated to the project and if he establishes what his markup or profit margin reasonably should be.

T. Smith & Son, Inc. v. Frank Williams

275 F.2d 397 · Court of Appeals for the Fifth Circuit · Feb 17, 1960

This conclusion would seem to result a fortiori when there are no pre-Toucey cases clearly establishing an exception for exclusive federal jurisdiction cases or holding that Section 265 is inapplicable in such cases. … Legislative policy is here expressed in a clear-cut prohibition qualified only by specifically defined exceptions.” This Court considered Section 2283 in Jacksonville Blow Pipe Co. v.

Reinagel v. Deutsche Bank National Trust Co.

722 F.3d 700 · Court of Appeals for the Fifth Circuit · Jul 11, 2013

The Texas Supreme Court has established “a presumption ... that parties contracted for themselves,” which applies “unless it ‘clearly appears’ that they intended a third party to benefit from the contract.” 28 Here, the Reinagels … Bly’s conduct clearly falls within th[e] provision [of the Texas Penal Code that criminalizes forgery]” (emphasis added). . See Tex. Civ. Pract. & Remedies Code §§ 121.004, 121.007. .

James B. McCORSTIN, Jr., Plaintiff-Appellant, v. UNITED STATES STEEL CORPORATION, Defendant-Appellee

621 F.2d 749 · Court of Appeals for the Fifth Circuit · Jul 16, 1980

We are unable to conclude that this finding of fact was clearly erroneous. REVERSED AND REMANDED. 1 . … To whatever extent summary judgment was granted it was clearly in error because the factual reason for McCorstin’s discharge was hotly contested and genuinely in dispute. 5 .

Trust Company of LA v. N N P Incorporated

104 F.3d 1478 · Court of Appeals for the Fifth Circuit · Sep 8, 1997

DISCUSSION Standard of Review Findings of fact are reviewed under a clearly erroneous standard, and conclusions of law are viewed de novo. Fiberlok, Inc., v. … If obtaining funds secured by a pledge of securities qualifies as a purchase, certainly obtaining funds secured by a pledge of a GNMA or an interest in a GNMA also qualifies.

Resolution Trust Corp. Ex Rel. Meridian Savings Ass'n v. Oaks Apartments Joint Venture

966 F.2d 995 · Court of Appeals for the Fifth Circuit · Jul 22, 1992

, from claims and defenses based upon agreements not firmly established in the failed financial institution's official records. … Clearly, the Partners were attempting to avoid unlimited personal liability for the total loan amount by including the liability limitation clause in the Guaranty.