Case law

United 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.

Klesch & 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).

Ibrahim 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

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

John Doe v. DeRay Mckesson

945 F.3d 818 · Court of Appeals for the Fifth Circuit · Dec 16, 2019

The dissenting opinion does not seem to believe that engaging in a protest provides a protestor immunity for violating La. Rev. Stat. Ann. § 14:97. … What is the logic behind immunizing protestors from nonviolent civil liability while retaining their nonviolent criminal liability?

United States v. Mitchell Miller, Susan McDuffie Weeks, and John Henry McDuffie

500 F.2d 751 · Court of Appeals for the Fifth Circuit · Oct 11, 1974

The telephone records in question were clearly admissible under the three prongs of the Sabatino test. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

World Carpets, Inc. v. Dick Littrell's New World Carpets, Joseph E. Russell

438 F.2d 482 · Court of Appeals for the Fifth Circuit · Feb 8, 1971

When this occurs, the infringer is unjustly trading on the true owner’s established reputation. This is the precise wrong trademark legislation seeks to prevent. … Facts showing the plaintiff’s own use of its mark in interstate commerce were clearly set out, as were facts alleging a substantial economic effect upon that use resulting from the defendants’ intrastate infringement. 12

N. H. Newman v. State of Alabama, Jerry Lee Pugh, for Himself and Others Similarly Situated, Plaintiffs v. Judson C. Locke, Jr. And State of Alabama, Worley James v. George C. Wallace

559 F.2d 283 · Court of Appeals for the Fifth Circuit · Nov 7, 1977

As detailed in its published opinion, other indefensible conditions were found by the District Court, findings clearly supported by the evidence. 12 At the outset, then, the case is reduced to a constitutional appraisal of … III 19 The District Court established and appointed a "Human Rights Committee", composed of 39 individuals. Whether they were qualified by training or experience in the operation of a state prison system is not shown.

J R Stripling Rosson Exploration Company William G Bowen Brookhaven Pump & Supply Company v. Jordan Production Company, Llc, - J R Stripling Rosson Exploration Company William G Bowen Brookhaven Pump & Supply Company v. Guardian Energy Exploration Corporation Jordan Production Company, LLC

234 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.

11 Fair empl.prac.cas. 472, 9 Fair empl.prac.cas. 142, 10 Empl. Prac. Dec. P 10,516 Wyman Westberry v. Gilman Paper Company, Etc.

507 F.2d 206 · Court of Appeals for the Fifth Circuit · May 23, 1975

Breckenridge, supra, in order to establish the background against which we evaluate the matter sub judice. 4 In Griffin v. … But each of the reasons given reflects circumstances clearly distinguishable from those of the instant case.

United 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.

William H. Adkins v. The Duval County School Board, Jeff Dolan Willmon, Jr. v. Nassau County School Board, Ruch B. Wilson v. The Duval County School Board

511 F.2d 690 · Court of Appeals for the Fifth Circuit · Apr 21, 1975

Second, our responsibility is not to decide whether Congress could or should establish such a cause of action, or whether a similar cause of action may exist under some other jurisprudence, but whether Congress in fact did … Counties, municipalities and school districts are granted the power in the Constitution to participate in establishing taxes and tax rates for their respective purposes, F.S.A.Const. Art.

Thermacor 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).

Scranton Construction Company, Inc., and Clegg Concrete, Inc. v. Litton Industries Leasing Corporation

494 F.2d 778 · Court of Appeals for the Fifth Circuit · Jun 25, 1974

Plaintiffs assert that this rather curious procedure established United as a “sole supplier,” and we so assume for summary judgment purposes. … As to Clayton, Robinson-Patman, however, plaintiffs clearly fall short.

U.S. Anesthesia Prts of TX v. HHS

126 F.4th 1057 · Court of Appeals for the Fifth Circuit · Jan 23, 2025

In evaluating MIPS eligible clinicians, the TPCC measure “attributes” a patient’s cost of care to clinicians who have billed qualifying primary care services for that patient. Id. … of costs established by the Secretary . . . .”).

Jackie Serigny v. Lafourche Parish Government

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

Grant of Summary Judgment Serigny argues that the parish failed to comply with section 703(B) of Title 15 of the Louisiana Revised Statutes and that its noncompliance divests it of immunity. … Both tend to establish that Correcthealth was not properly licensed and qualified in the state.

United States v. Albert Samuel Fortna, Jr., James Lyne Harnage, George M. Sharer, and Christopher James Reo

796 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.

United States Ex Rel. Laird v. Lockheed Martin Engineering & Science Services Co.

336 F.3d 346 · Court of Appeals for the Fifth Circuit · Jun 24, 2003

In determining that Mayfield did not qualify as an “original source” of the information publicly disclosed in his prior state court lawsuit, the district court aligned itself with a minority of the circuits interpreting … Spectrum Emergency Care, Inc., 190 F.3d 1156, 1162 (10th Cir. 1999) (“To establish original source status knowledge, a qui tam plaintiff must allege specific facts – as opposed to mere conclusions

United States v. Sheila Smith and Byron Vandrea Phillips, A/K/A Vincent Andrian Phillips, A/K/A Byron A. Phillips

13 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,

Davis v. Wise

Court of Appeals for the Fifth Circuit · Mar 15, 2024

First, Davis argues the medical providers were not entitled to Eleventh Amendment immunity. … Because Davis did not show the medical providers were deliberately indifferent to his serious medical needs, he did not defeat their entitlement to qualified immunity. See Morgan v.