Case law

United States v. Quintanilla-Matamoros

Court of Appeals for the Fifth Circuit · Jan 9, 2026

So both sides have clear interests at stake, and those interests clearly conflicted with one another at the moment the suit was filed. 13 Case: 25-20191 Document: 71-1 … That should be enough to establish Article III jurisdiction. After all, it’s well established that we determine Article III jurisdiction at the outset of the suit. See, e.g., Smith v.

Marvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. Diamond

636 F.2d 1364 · Court of Appeals for the Fifth Circuit · Jan 29, 1981

However, it does not limit or qualify the more extensive remarks in the text of the opinion. … A number of federal circuit courts have qualified the clearly erroneous rule when reviewing constitutional facts found by federal trial courts. See Cousins v.

Dahiya v. Talmidge Intl Ltd

380 F.3d 218 · Court of Appeals for the Fifth Circuit · May 18, 2004

Section 16(a)(1)(A) clearly does provide for direct appeals from orders “refusing a stay of any action under section 3 of this title,” and § 16(a)(1)(C) clearly allows for … Here, the district court has already clearly decided the arbitrability question in the negative against Appellants.

United States v. Bernice H. Shanbaum

10 F.3d 305 · Court of Appeals for the Fifth Circuit · Jan 3, 1994

First, the government clearly indicated that it was relying on res judicata as a defense to the innocent spouse defense. See Haught, 681 F.2d at 305 . Although Mrs. … Shanbaum had proved that she satisfied all of the conditions necessary to show that she qualified for the innocent spouse defense. Hence, the district court must have found that Mrs.

Sprouse v. Sprouse

577 F.2d 989 · Court of Appeals for the Fifth Circuit · Aug 7, 1978

Ga.Code Ann. § 109A-9-203(2) 2 In Bragg the acceleration clause was qualified by the phrase "less any required refund of interest." … Moreover, the limitation provision immediately followed the acceleration clause and clearly was intended to modify it.

United States v. Kidd

127 F.4th 982 · Court of Appeals for the Fifth Circuit · Feb 11, 2025

A subsequent addendum to the PSR agreed that Kidd would not qualify for the reduction if Kidd had indeed sent those threatening letters. … On the other hand, a defendant’s showing of prejudice does not automatically establish a due process violation.

Carl Bienvenu v. Texaco, Inc. Director, Office of Worker's Compensation Programs, U.S. Department of Labor Insurance Company of North America

164 F.3d 901 · Court of Appeals for the Fifth Circuit · Jan 11, 1999

would not be denied because habitual performance of other and different duties on land cannot alter the fact that at the time of the accident he was riding in a boat on a navigable river, and it is in connection with that clearly … By arguing that workers injured on navigable water only qualify for LHWCA coverage if they perform longshore duties, Judges Jones and DeMoss fail to recognize the long established principle that persons engaged in work aboard

Miguel Z. Lopez v. Current Director of Texas Economic Development Commission, Miguel Z. Lopez, Cross-Appellant v. Current Director of Texas Economic Development Commission, Cross-Appellees. Miguel Z. Lopez v. Current Director of Texas Economic Development Commission

807 F.2d 430 · Court of Appeals for the Fifth Circuit · Jan 8, 1987

Shaw also inquired as to Alagna's evaluation of Lopez for the new liaison position, and Alagna stated that he did not believe Lopez was qualified. … Lopez strenuously argues that the evidence establishes a systematic scheme of racial discrimination carried out by the defendants.

Arguelles-Olivares v. Mukasey

Court of Appeals for the Fifth Circuit · Feb 5, 2009

If the written Plea Agreement discloses clearly that Arguelles underpaid his 1999 taxes by more than $10,000, the DHS’s failure to file it has caused this court to expend time and effort unnecessarily on the appeal, the oral … The IJ therefore improperly relied on statements set forth in Arguelles’s PSR to establish the loss amount for the 1999 tax year.

24 Fair empl.prac.cas. 20, 23 Empl. Prac. Dec. P 31,173

623 F.2d 1054 · Court of Appeals for the Fifth Circuit · Aug 13, 1980

The Law of the Case 11 It is well established that a decision of a legal issue by an appellate court establishes "the law of the case" which must be followed in all subsequent proceedings in the same case in the trial court … Local 1576 has never been and is not now covered under that plan, predominately because the work hour requirements of Local 1576 do not meet the minimum amount necessary to qualify under the GAI Plan.

Gustavo Garcia v. William Stephens, Director

793 F.3d 513 · Court of Appeals for the Fifth Circuit · Jul 17, 2015

evidence presented in the State court proceeding. 25 “A state court's decision is ‘contrary to’ clearly established federal law if ‘the state court arrives at a conclusion opposite to that reached by [the … For ineffective assistance of counsel (IAC) claims, “the clearly established federal law against which we measure the state court’s denial of relief is the standard set forth in Strickland v.

Affholder, Inc., a Missouri Corporation v. Southern Rock, Inc., a Mississippi Corporation

736 F.2d 1007 · Court of Appeals for the Fifth Circuit · Aug 17, 1984

The soil boring established the clay depth on the east side of the bid location. … that its finding based on the testimony outlined was clearly erroneous.

O'Neal v. Cazes

257 F. App'x 710 · Court of Appeals for the Fifth Circuit · Oct 1, 2007

Public officials, however, are afforded immunity from civil damages for their discretionary acts so long as their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In deciding whether a public official is entitled to qualified immunity, a court “must first determine whether the officer’s alleged conduct violated a constitutional right.” Chavez v.

City of Brady, Texas v. Tommy Finklea

400 F.2d 352 · Court of Appeals for the Fifth Circuit · Sep 10, 1968

The findings of fact and conclusions of law entered by the trial judge establish the liability of the City as follows: 1. … The appellant argues that the testimony of two witnesses establish as a matter of law that the City of Brady was not negligent when it installed the transformer pole in 1935.

Six Twenty-Nine Productions, Inc. v. Rollins Telecasting, Inc., D/B/A Station Wear-Tv, Channel 3, Pensacola, Florida

365 F.2d 478 · Court of Appeals for the Fifth Circuit · Aug 30, 1966

rely on 'joint and collaborative action on the part of the Station and Dodson in restraint of trade by eliminating the plaintiff as a competitor of both the Station and Dodson. 8 The purpose of the alleged joint action is clearly … Relying on the line of cases that established the principle that a group boycott is per se illegal under Section 1, 9 and noting in particular the holding of Klor’s, Inc. v.

Allen M. Campbell Company General Contractors, Inc. v. Lloyd Wood Construction Co., Inc., and Hilary J. Sandoval

446 F.2d 261 · Court of Appeals for the Fifth Circuit · Jul 9, 1971

The Small Business Administration, applying its own rules and following a long-established practice, twice found Campbell to have satisfied the size requirement based upon a “completed contracts” accounting method. … Clearly the momentum of recent Supreme Court decisions is in the direction of finding standing whenever “the plaintiff alleges that the challenged action has caused him injury in fact, economic or otherwise” and that “the

LA Env Action Ntwrk v. EPA

382 F.3d 575 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

See 40 C.F.R. pt. 50.9(a).1 1 The “one-hour” standard was established by the EPA in 1979. 40 C.F.R. § 50.9. … by law cannot qualify as a contingency measure; and (3) reductions outside the Baton Rouge nonattainment area, without a finding that such reductions improve air quality within the Baton Rouge area, cannot qualify as a

Stover v. Hattiesburg Public School District

549 F.3d 985 · Court of Appeals for the Fifth Circuit · Nov 18, 2008

Davis also testified that Stover was not qualified for the position which Oubre filled. … In this case, there clearly exists some evidence to support the jury determination. When Dr.

Metoyer v. Connick

Court of Appeals for the Fifth Circuit · Mar 30, 2001

P. 12(b)(6) on grounds that included absolute and qualified immunity. The magistrate judge who heard the case by consent denied Angel’s motion as it concerned qualified immunity. … Government officers are protected from suit under the qualified-immunity doctrine when their actions were objectively reasonable “in light of clearly established law” and the information

United States v. Olga Murra

879 F.3d 669 · Court of Appeals for the Fifth Circuit · Jan 15, 2018

“A trial court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. Ill. Cent. R.R. … The singular conclusion arising from this discussion is that Murra has failed to establish waiver.