Case law
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United States v. Joseph Mudekunye
Court of Appeals for the Fifth Circuit · Jul 11, 2011
“A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” United States v. … In any event, Olano clearly established that remand may be appropriate only where the reversible plain error impacts this discretionary fourth prong, i.e., seriously affects the fairness, integrity, or public reputation of
Cited 0 timesPublished784 F.2d 713 · Court of Appeals for the Fifth Circuit · Mar 14, 1986
In addition, breast-feeding generally aids infants in developing immunities from gastrointestinal and respiratory infections. … The district court's finding that disruption of breast-feeding would not be life threatening to Matthew is not clearly erroneous. Indeed, there is no evidence to the contrary.
Cited 1 timesPublishedSBC Communications, Inc. v. Federal Communications Commission
154 F.3d 226 · Court of Appeals for the Fifth Circuit · Sep 23, 1998
Private bills in Congress are still common, and were even more so in the days before establishment of the Claims Court. … A man may be forbidden to practice medicine because he has been convicted of a felony, or because he is no longer qualified.
Cited 1 timesPublishedCactus Pipe & Supply Co. v. M/V Montmartre
756 F.2d 1103 · Court of Appeals for the Fifth Circuit · Apr 5, 1985
Rule C(6), 13 Supplemental Rules for Admiralty and Maritime Claims clearly de *1110 fines the purpose of filing a claim of owner. … Nor was apparent authority established.
Cited 72 timesPublishedHardy Wilson Memorial Hospital v. Sebelius
616 F.3d 449 · Court of Appeals for the Fifth Circuit · Aug 19, 2010
Rather, we are tasked with determining whether Congress has spoken clearly. Based on the plausible, competing arguments put forth by the parties, we are compelled to find the statute ambiguous. … To be sure, the Secretary did state, when the regulations were promulgated, that the BBA was enacted “to establish caps on the target amounts for excluded hospitals or units for cost reporting periods beginning on or after
Cited 7 timesPublishedUnited States v. Wallace Howard Smith
433 F.2d 1266 · Court of Appeals for the Fifth Circuit · Dec 4, 1970
Smith’s physical presence in New Orleans at the time in question near the callbox location was established. … The evidence was admissible as tending to establish intent to commit the offense under indictment and trial and as establishing a criminal scheme to threaten Judge Judice by telephone. See United States v.
Cited 33 timesPublishedKlesch & Co. v. Nauru Phosphate Royalties (Honolulu), Inc.
182 F.3d 366 · Court of Appeals for the Fifth Circuit · Aug 6, 1999
In the instant matter, Nauru did not establish a certain, specified, fixed-value escrow account for satisfaction of its debt in the event of default, merely retaining the right to alter the contents of the account without … Moreover, the Placement Memorandum clearly discloses that many of the listed assets were already statutorily dedicated for other uses, or already pledged or encumbered, when the bonds were issued, (emphasis in original).
Cited 4 timesPublished55 F.3d 1034 · Court of Appeals for the Fifth Circuit · Jun 22, 1995
Lancaster also recommended to the Trustees, and they agreed, to prepay three years of premiums in order to qualify for a discount on second and third year premiums. … We also addressed in Schloegel the question whether the defendant qualified as a fiduciary pursuant to subsection (ii). Id. at 272 .
Disagreed with by Humana Health Plan, Inc. v. Patrick Nguyen, 785 F.3d 1023 (2015)Cited 113 timesPublished234 F.3d 863 · Court of Appeals for the Fifth Circuit · Nov 29, 2000
We conclude that the magistrate judge's order did not qualify as a final judgment, such that it would provide a preclusive collateral estoppel effect. See Alpine View Co. v. … The district court upheld this conclusion, stating that it was not clearly erroneous. Stripling argues that under the considerations of Federal Rule of Procedure 15(a), 12 Guardian should have been joined as a party.
Cited 412 timesPublishedUnited States v. Antoinette Jones
693 F.2d 343 · Court of Appeals for the Fifth Circuit · Nov 15, 1982
Those tapes were clearly audible and were complete. … To qualify, a person must be a head of a household, married, or a surviving spouse; he must have earned income of less than $10,000, and must have a dependent child living with him for the whole year.
Cited 8 timesPublishedLivesay Industries, Inc. v. Livesay Window Co., Inc
202 F.2d 378 · Court of Appeals for the Fifth Circuit · Feb 27, 1953
support them; appellants urge upon us that in denying recovery, after notice of their intention to sue was brought home to defendant and certainly after service in the suit, they are contrary to all equitable principles as established … complaint to pray for treble damages and attorneys’ fees, and to refer the cause to the master for an accounting and for damages; (4) Denied plaintiffs, because of laches on their part, all damages for past infringement; (5) Qualified
Cited 40 timesPublishedThermacor Process, L.P. v. BASF Corp.
567 F.3d 736 · Court of Appeals for the Fifth Circuit · May 7, 2009
The nonmovant must designate specific facts that establish a genuine issue of material fact exists on all elements of its claims. Kunin v.Feofanov, 69 F.3d 59, 61 (5th Cir.1995). … See, e.g., Prudential, 896 S.W.2d at 163 (explaining that vague adjectives are not specific enough to qualify as a representation).
Cited 21 timesPublished342 F. App'x 921 · Court of Appeals for the Fifth Circuit · Jul 27, 2009
Defendant Coleman filed a motion to dismiss on the basis that he was entitled to qualified immunity, which was granted by the district court. … After determining that the plaintiff had not alleged a constitutional violation, this court found that the sheriff was entitled to qualified immunity from suit. Id.
Cited 6 timesUnpublishedCourt of Appeals for the Fifth Circuit · Apr 10, 2007
Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the … As we conclude later in this opinion, that requirement is clearly met in this case.
Cited 0 timesPublished796 F.2d 724 · Court of Appeals for the Fifth Circuit · Aug 5, 1986
present record establishes such. … The testimony provided by FBI Agent Martin and the participants in the conspiracy provided evidence so overwhelming that it clearly established Harnage’s guilt beyond all reasonable doubt.
Cited 77 timesPublished13 F.3d 860 · Court of Appeals for the Fifth Circuit · Jan 28, 1994
U.S.S.G. § 3El.l(a) provides: “If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.” … The commentary to that section provides: In determining whether a defendant qualifies under subsection (a), appropriate considerations include ... truthfully admitting the conduct comprising the offense(s) of conviction,
Cited 73 timesPublishedGregory Johnson v. Arkema, Incorporated
Court of Appeals for the Fifth Circuit · Jun 26, 2012
Accordingly, “studies of the effects of chemicals on animals must be carefully qualified in order to have explanatory potential for human beings.”11 Id. … The trial court erred in excluding testimony that is possibly relevant and clearly reliable. 30
Cited 0 timesPublishedIbrahim Fez Ghassan v. Immigration and Naturalization Service
972 F.2d 631 · Court of Appeals for the Fifth Circuit · Oct 8, 1992
The BIA’s ruling states that Ghassan has not established that his brother will be unable to entice him into another criminal scheme. … section 212(c)] claim was defeated finally by denial in appeal to this court and the determination of deportability had also become final before that time, there was no longer any authority to reopen ... because petitioner clearly
Cited 59 timesPublishedEdward B. Brooks, Jr., Cross v. United States of America, Cross-Appellee
695 F.2d 984 · Court of Appeals for the Fifth Circuit · Mar 17, 1983
As do all qualified pilots, Brooks knew of this procedure; despite this, and despite the fact that he had never before landed at CCA, he did *987 not “overfly” the runway before landing. … Both admit that the rule by which we review findings of negligence and proximate cause is the clearly erroneous standard of Rule 52(a), the Federal Rules of Civil Procedure. Black v.
Cited 19 timesPublishedWhiting v. University of Southern Mississippi
451 F.3d 339 · Court of Appeals for the Fifth Circuit · Jun 2, 2006
Whiting has clearly failed to establish constitutional claims valid under § 1983, we do not address this issue. 2 As a member of the USM faculty, Dr. … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
Abrogated on other grounds by David Sims v. City of Madisonville, 894 F.3d 632 (2018)Cited 54 timesPublished
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