Case law

Robert Norlock v. City of Garland

768 F.2d 654 · Court of Appeals for the Fifth Circuit · Aug 15, 1985

The notice clearly informs the defendant that the penalty for failure to sign, date and return the form is that it may be required to pay the costs of procuring service in some other manner.” 12 Norlock, moreover, after failing … No reason has been advanced in this case to qualify its requirements. 17 *658 Subsection 4(j) was adopted at the same time the service by mail provision was adopted.

Miller v. Rains County

Court of Appeals for the Fifth Circuit · Jul 20, 1999

However, a prosecutor who engages in investigatory functions normally conducted by the police cannot claim absolute immunity but instead may only rely upon qualified immunity. Buckley v. … In order to determine if the appellees have a valid section 1983 claim and whether the defense of qualified immunity can be utilized, the court must determine whether the appellants’ “‘conduct does not violate clearly established

U.S. v. McCoy

Court of Appeals for the Fifth Circuit · Apr 5, 1993

Theodore decided not to grant Campbell use immunity. Mr. … Campbell bore the burden of proving the underlying facts establishing a breach by a preponderance of the evidence. United States v.

Billizon v. Conoco, Inc.

Court of Appeals for the Fifth Circuit · Jun 11, 1993

Previously faced with this issue, this court has concluded that summary judgment is appropriate where the remaining factors clearly point to borrowed employee status. See Brown, 984 F.2d at 678 n. 5; Alexander v. … Even if we assume that factor 3 weighs in favor of Billizon's position, the summary judgment record establishes that Billizon was Conoco's borrowed employee.

Mallette Bros. Construction Co., Inc. v. United States of America, Gautier Asphalt Company, Inc. v. United States of America, Mallette Bros. Truck Lines, Inc. v. United States

695 F.2d 145 · Court of Appeals for the Fifth Circuit · Jan 14, 1983

The court did not address the variance with the claim for refund, although that issue was clearly raised by Mr. … We agree with the Government that if such a rule were to be established, trial attorneys for the Government would have a Hobson's choice.

Eddie Wilkerson v. Fortuna Corporation

554 F.2d 745 · Court of Appeals for the Fifth Circuit · Jun 24, 1977

It has no offices, no business facilities, no bank account, and no agent in Texas and is neither licensed nor qualified to do business there. It is incorporated under the laws of New Mexico. … We find that the substantiality and continuity of its activities in Texas are of such nature and extent as would clearly meet the general Texas concepts of doing business.

Estate of Martineau v. Arco Chemical Co.

203 F.3d 904 · Court of Appeals for the Fifth Circuit · Feb 25, 2000

Abraham, 137 F.3d 264, 269 (5th Cir. 1998) (noting an exception to strict stare decisis rule for a subsequent state court decision which makes this court's decision clearly wrong). … The district court, however, correctly noted that his termination did not qualify as an act within the time period because the termination related to disparate treatment not harassing conduct.

Axel Haubold, Michael Emken, and John Sommerfeld v. Intermedics, Inc. And Carbomedics, Inc., Jack C. Bokros v. Intermedics, Inc., and Carbomedics, Inc.

11 F.3d 1333 · Court of Appeals for the Fifth Circuit · Feb 25, 1994

II. 11 On appeal, plaintiffs challenge the administrator's denial of benefits, asserting that the plans clearly encompass the plaintiffs' employment termination. … This provision clearly gives the plan administrator broad power to implement the severance plan and evaluate claimants' eligibility for benefits.

Thomas v. Texas Department of Criminal Justice

220 F.3d 389 · Court of Appeals for the Fifth Circuit · Jul 26, 2000

Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973) framework, the plaintiff must first establish a prima facie case by a preponderance of the evidence; once established, the prima facie case raises an … TDCJ argues that Thomas was less qualified because the three white males promoted all had more mid-level supervisory experience, and gave better answers at the interview.

Walker v. Henderson

Court of Appeals for the Fifth Circuit · Nov 17, 2000

established law under the doctrine of qualified immunity. … Walker’s failure to show that her right of intimate association with her family and friends was clearly established during the period of Henderson’s alleged harassment is fatal in light of his qualified immunity defense

Horace B. Brose v. Sears, Roebuck and Company

455 F.2d 763 · Court of Appeals for the Fifth Circuit · Jan 26, 1972

But this pre *769 supposes that the private attorney general has established that the device is not within the patent. … In effect the Judge held him qualified only to describe differences in the accused device and the drawings, etc. of Kraly.

Woods-Tucker Leasing Corp. v. Hutcheson-Ingram Development Co.

626 F.2d 401 · Court of Appeals for the Fifth Circuit · Sep 24, 1980

The district court, however, noted that the bankruptcy court’s award of attorney’s fees was not clearly erroneous. … The bankruptcy court expressly so found and we affirm that finding as not being clearly erroneous on two grounds.

Jarvis Christian College v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania

197 F.3d 742 · Court of Appeals for the Fifth Circuit · Jan 6, 2000

It is well established under Texas law that ambiguities in insurance contracts are to be strictly construed against the insurer. See Sharp v. State Farm Fire and Cas. Ins. … Business success clearly qualifies as a personal advantage. Importantly, Cosby was not personally responsible for the loan repayment.

Allen v. Sun Refining

Court of Appeals for the Fifth Circuit · Dec 31, 1996

Consequently, these witnesses theorize, EtO reaches brain tissue, alkylates DNA and "clearly" causes animal brain tumors. … Norbert Page (D.V.M.) were not qualified to testify as experts on the issue of medical causation in this case.

United States of America, Cross-Appellee v. Harris Methodist Fort Worth, Cross-Appellant

970 F.2d 94 · Court of Appeals for the Fifth Circuit · Sep 1, 1992

We review the first two elements as matters of law, and the final element as a matter of fact, affording clearly erroneous review. NOPSI III, 723 F.2d at 425 . … Sanders also stated that he wished to establish an HHS “presence” in Fort Worth.

United States v. Ellett R. Dogan, Sheriff and Tax Collector, Tallahatchie County, Mississippi

314 F.2d 767 · Court of Appeals for the Fifth Circuit · May 10, 1963

Moreover, this evidence was clearly admissible against the State of Mississippi, also sought temporarily to be enjoined. … “Establishing a ‘pattern or practice’ of such discrimination may go back many, many years.” Kennedy y. Lynd, 306 F.2d 222, 228 (5th Cir., 1962). 5 . “§ -9919.5.

William L. Wiley v. Steve W. Puckett, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney General

969 F.2d 86 · Court of Appeals for the Fifth Circuit · Aug 5, 1992

Stringer makes these points even more clearly by emphasizing the infirmity of a vague aggravating circumstance in a weighing state. … Thus, Wiley has not established cause for failing to object to the closing argument. 17 *103 C.

Young v. Repine

536 F.3d 512 · Court of Appeals for the Fifth Circuit · Jul 22, 2008

Accordingly, we cannot find that the Bankruptcy Court clearly erred in awarding damages consistent with Repine’s highest annual salary in recent years. See id. … The First Circuit has held that emotional damages qualify as “actual damages” under section 362(k). See Fleet Mortg. Group, Inc. v. Kaneb, 196 F.3d 265, 269 (1st Cir. 1999).

Margaret Hodges, Wife Of/and Wilson P. Abraham v. United States

597 F.2d 1014 · Court of Appeals for the Fifth Circuit · Jul 2, 1979

Subsequently, the IRS audited Paula Const.’s federal income tax returns for the years 1965 and 1966 and made a determination that the company was not qualified to report its income under the Subchapter S provisions of the … DISCUSSION Rule 16, Fed.R.Civ.P., establishes a mechanism whereby the trial court can expedite the just disposition of cases and reduce the costs of litigation.

McClain v. Lufkin Industries, Inc.

649 F.3d 374 · Court of Appeals for the Fifth Circuit · Aug 8, 2011

It is clearly established that Garrigan diligently searched for, but could not find, any lawyers in Texas who were willing and able to join him in litigating this class action. 2 *379 Significantly, Lufkin submitted nothing … Plaintiffs have firmly established that in calculating the fee for Mr.