Case law

Meyer v. United States

141 F.2d 825 · Court of Appeals for the Fifth Circuit · Apr 5, 1944

If that right, established by solemn judgment, is to be taken from him, it ought to be, it can be, taken only upon evidence clearly and positively establishing definite fraud. … establish the existence of a fraud.”

K Alain v. CIR

Court of Appeals for the Fifth Circuit · Aug 12, 2026

Another treatise explained that “it has always been difficult to justify immunity from a debt that was incurred by one of the actual managers or directors of an enterprise, and thus the limited partners, in return for immunity … But, even if it did, that would not establish any error in the Tax Court’s definition of “limited partner, as such.”

Positive Software Solutions, Inc. v. New Century Mortgage Corp.

436 F.3d 495 · Court of Appeals for the Fifth Circuit · Jan 11, 2006

The evident partiality is demonstrated from the nondisclosure, regardless of whether actual bias is established. … We are unpersuaded and decline to apply the *499 clearly erroneous standard of review to the application of the law to the facts.

Society of Separationists, Inc. v. Herman

Court of Appeals for the Fifth Circuit · May 20, 1992

They found Judge Herman immune from suit for damages, but recognized that judicial immunity did not bar prospective equitable relief. … She clearly has standing to challenge that system. tion.

Great Southern Lumber Co. v. Williams

17 F.2d 468 · Court of Appeals for the Fifth Circuit · Feb 17, 1927

The record fails to establish any conspiracy between the defendant and Carson with reference to the deceased. … The evidence of the plaintiff to that effect shows on its face that she had no knowledge that would qualify her to testify to his employment. Carson and all other witnesses denied such employment.

Mr. And Mrs. Albert N. Wright, Mother and Father, Respectively, of Douglas Wright, a Minor v. Standard Oil Company, Inc., a Kentucky Corporation

470 F.2d 1280 · Court of Appeals for the Fifth Circuit · Dec 12, 1972

Mississippi statutorily established the equality of parents in dealing with their children in section 399 of the Mississippi Code. … Lane is clearly distinguishable from the case at hand.

Jerry S. Payne v. Commissioner of Internal Revenue

224 F.3d 415 · Court of Appeals for the Fifth Circuit · Aug 18, 2000

The club was located within 1000 feet of a competing topless dance establishment, however, so 2618’s application for an SOB permit was denied. … The government’s expert’s report qualified its conclusion that if the club were to operate indefinitely its value was $1.14 million; the expert opined that the club’s value was $1.14 million “net of any costs associated with

Favorite v. Marine Personnel & Provisioning, Inc.

955 F.2d 382 · Court of Appeals for the Fifth Circuit · Mar 12, 1992

The contract clearly shows that MTL does not retain exclusive control and possession of the USNS SEALIFT CARIBBEAN. … “The caselaw clearly establishes that if MTL was indeed an agent of the United States, plaintiff’s exclusive remedy ... lies against the United States.” Cruz, 634 F.Supp. at 110 .

United States v. McCowan

Court of Appeals for the Fifth Circuit · Nov 30, 2006

We review motions to suppress under two standards: (1) we accept the district court’s findings of fact unless clearly erroneous; and (2) we review the ultimate constitutionality of the law enforcement action de novo. … Jackson, 280 F.3d 403, 406 (4th Cir. 2002) (upholding district court finding that the prosecution must establish a “pattern of use and recency of use.”) 6 United States v.

Travis Blank v. Harold Eavenson

530 F. App'x 364 · Court of Appeals for the Fifth Circuit · Jun 19, 2013

However, unlike the current Appellees’ motions, Bell’s motion turned on her assertion of qualified immunity. … The district court denied Bell’s motion without prejudice, and granted Bell’s alternative motion, pursuant to Federal Rule of Civil Procedure (“FRCP”) 7(a), for Blank to file a reply concerning qualified immunity.

Johnson v. City of San Antonio

Court of Appeals for the Fifth Circuit · Jan 4, 2024

Additionally, we reversed the district court’s denial of qualified immunity for the individual officers based on video and audio footage, explicitly finding that the officers did not violate Roberts’s constitutional … The City argues that the state law claims are barred by governmental immunity.

Robert Morris v. Brad Livingston

Court of Appeals for the Fifth Circuit · Feb 10, 2014

The notice shall clearly indicate that no offender will be denied access to health care services due to an inability or failure to pay. … Therefore, Morris has not established that the district court erred in denying relief on his Fourth Amendment claim. 4.

Lewis v. Bank of America NA

347 F.3d 587 · Court of Appeals for the Fifth Circuit · Sep 2, 2003

Relevant statutory objectives include establishing uniform national safeguards “with respect to the establishment, operation, and administration of [employee benefit] plans,” 29 U.S.C. 1001(a), and “establishing standards … Congress clearly did not intend to broadly immunize non-fiduciary parties such as the Bank from liability under traditional state law contract and tort causes of action.

United States v. Gordon W. Franklin, Frederick J. Bonomo, Gerald A. Pini

586 F.2d 560 · Court of Appeals for the Fifth Circuit · Dec 20, 1978

The transcript clearly shows that the trial judge was not expressing his own opinion regarding the evidence or appellants’ criminal skills. … These two statements are independent, non-hearsay evidence admissible to establish Bono-mo’s connection to the conspiracy, since each remark qualifies as an admission by a party-opponent under Federal Rule of Evidence 801

Bankr. L. Rep. P 77,423, 11 tex.bankr.ct.rep. 259 in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--Austin, N.A. And Texas Commerce Bank--San Angelo, N.A., in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--San Angelo, N.A., Texas Commerce Bank--Austin, N.A. And Dennis Elam, Trustee, in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. William H. Armstrong, II v. Texas Commerce Bank--San Angelo, N.A., Dennis Elam, Trustee, and Texas Commerce Bank--Austin

115 F.3d 333 · Court of Appeals for the Fifth Circuit · Jun 20, 1997

DISCUSSION 7 We review the bankruptcy court's factual findings under the clearly erroneous standard, and we review its legal conclusions de novo. 4 8 Under section 541 of the Bankruptcy Code 5 a bankruptcy estate is created … The fact that the trustees liberally bestowed trust assets on the daughters, by itself, does not establish de facto control by the daughters over the affairs of the estate.

United States v. State of Mississippi

82 F.4th 387 · Court of Appeals for the Fifth Circuit · Sep 20, 2023

“Appropriate” treatment of those with serious mental illness, as Olmstead clearly understood, must be individualized. … or declining to establish new programs”).

Robert Morris v. Brad Livingston

Court of Appeals for the Fifth Circuit · Jan 20, 2014

The notice shall clearly indicate that no offender will be denied access to health care services due to an inability or failure to pay. … Therefore, Morris has not established that the district court erred in denying relief on his Fourth Amendment claim. 4.

West v. Harris

573 F.2d 873 · Court of Appeals for the Fifth Circuit · May 26, 1978

The Secretary of HUD is authorized to establish and administer the flood insurance program. 42 U.S.C.A. § 4011 . … That the government has a financial stake in this program is not sufficient to cloak the defendant with the robe of sovereign immunity from awards of any interest. Cf. White v.

Voting for America, Inc. v. John Steen

732 F.3d 382 · Court of Appeals for the Fifth Circuit · Oct 4, 2013

Amplifying the motions panel’s majority opinion, we conclude that Appellees failed to establish facial unconstitutionality of the challenged provisions. … After qualifying in one county, a VDR may perfunctorily qualify to serve in other counties.

Merritt E. Jones, on His Behalf and as Next Friend of Pamela Jones, a Child v. Clear Creek Independent School District

977 F.2d 963 · Court of Appeals for the Fifth Circuit · Dec 28, 1992

Broussard, 897 F.2d 181, 182 (5th Cir.1990) (relying on defendants’ immunity to avoid deciding whether school liable for censoring valedictorian’s religious graduation address). … Lemon holds that, to satisfy the Establishment Clause, “a governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive government