Case law

United States v. Heacock

31 F.3d 249 · Court of Appeals for the Fifth Circuit · Aug 23, 1994

We find, however, that the evidence sufficiently established the "jurisdictional five. … To put Heacock's argument in its best light, however, we will construe this claim as an appeal under 26 U.S.C. § 4424, pursuant to which Congress granted taxpayers immunity from prosecutorial use of such tax information

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

Alabama Great Southern Railroad Company v. Allied Chemical Corporation

467 F.2d 679 · Court of Appeals for the Fifth Circuit · Aug 23, 1972

Plaintiffs resisted vigorously since they were not qualified to sue under Massachusetts law. The transfer of the case would thus have had the effect of dismissing their suit. … Reed at 840: Likewise, of controlling importance is the reason for and policy of repose established by the legislature, namely, “to protect parties against stale demands, which, in many cases, might be more easily established

United States v. Richard Bullock Henry A/K/A Imari Abubakari Obadele, United States of America v. Wayne James, A/K/A Offoga Quaddus, and Thomas Norman, A/K/A Hekima Ana

680 F.2d 403 · Court of Appeals for the Fifth Circuit · Jul 14, 1982

Although Rule 35 was not discussed, a panel of this circuit clearly treated the sentences in the aggregate. … This Court's decisions in the sentencing area clearly establish that a sentence does not have the qualities of constitutional finality that attend an acquittal.... 37 "D.

United States v. Southland Management Corporation, W. Thad McLaurin Charles C. Taylor, Jr. Arthur W. Doty

288 F.3d 665 · Court of Appeals for the Fifth Circuit · Apr 11, 2002

Cosmetic improvements alone do not qualify as substantial rehabilitation under this definition. … Thompson clearly dictates that a certified statement of statutory or regulatory compliance is material when the certification is a prerequisite to receipt of government funds. Thompson, 125 F.3d at 902 .

United States v. Dolla

177 F. 101 · Court of Appeals for the Fifth Circuit · Mar 1, 1910

The bill of exception shows: “Upon the said hearing, by the sworn*testimony of the said Abba Holla, and his said two witnesses, it was shown to the satisfaction of the court that the said Abha Dolíalas in all respects qualified … where it had been protected from the sun and weather by his clothing was found to be several shades lighter than that of liis face and hands, and was sufficiently transparent for the blue color of the reins to show very, clearly

United States v. Juan Ibarra, John Joe Guerrero, and Robert Franklin Chambers

965 F.2d 1354 · Court of Appeals for the Fifth Circuit · Jun 30, 1992

The judge further stated that having found evidence of money laundering, probable cause was clearly established and the intervention of a magistrate was necessary to determine the propriety of entering the attic. … Analysis To establish a Fourth Amendment violation, Chambers must show that he had a legitimate expectation of privacy in the area searched. Rawlings v.

Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance Company

246 F.2d 161 · Court of Appeals for the Fifth Circuit · Jul 17, 1957

It was first qualified to do business in the state of Texas in 1936. … Consistent with our views expressed in the above cited cases and in accord with one of the best established principles of appellate procedure, we may not reverse findings of fact by the trial court unless clearly erroneous

United States v. A. L. Ramsey, Circuit Court Clerk and Registrar, Clarke County, Mississippi, and State of Mississippi

331 F.2d 824 · Court of Appeals for the Fifth Circuit · Apr 23, 1964

[N]o pattern or practice of the registrar in such respect [failing to assist Negroes as he did whites] is established by the evidence in this record within the purview of the act." 5 90 In the face of all this, the majority … The answer to that question must clearly be "yes." To this extent, our original judgment is modified.

New v. Fleming

170 F. App'x 298 · Court of Appeals for the Fifth Circuit · Feb 8, 2006

immunity. … If Johnson acted with such disregard of the fraternity plaintiffs’ clearly established constitutional rights that his actions cannot be reasonably be characterized as being in good faith, he is not entitled to qualified

Usinas Siderurgicas v. Scindia Steam

Court of Appeals for the Fifth Circuit · Sep 15, 1997

We decline to apply the rule of The Pennsylvania in this case, where COGSA clearly provides the burden of proof structure. … There is a fine line between actions that constitute errors in management and inaction that constitutes a lack of due diligence and the Louis Dreyfus court found that the timing of the engineer’s action best qualified

Barrett Computer Services, Inc. v. Pda, Inc.

884 F.2d 214 · Court of Appeals for the Fifth Circuit · Oct 25, 1989

The district court held that this assertion constituted a “legal conclusion” not clearly supported by other documents presented. … In deciding whether or not BCS succeeded in establishing that a fact issue exists in relation to its standing to bring the claims, BCS’ evidence of assignment of claims must be considered in relation to the well-established

J. W. Williamson, Jr. v. United States

365 F.2d 12 · Court of Appeals for the Fifth Circuit · Oct 4, 1966

Asserting that his connection with the alleged offense was based solely upon vital uncorroborated testimony of an alleged accomplice, appellant apparently urges that the Government had the additional burden of establishing … Even if it be seriously contended that witness O’Brien adopted appellant’s statement as his own (O’Brien’s) report of the interview, subsection (b) of the act clearly requires that in order to justify disclosure the statement

Robert M. Couf, Mary A. Brown, and Development Finance, Inc. v. Karleen Deblaker

652 F.2d 585 · Court of Appeals for the Fifth Circuit · Aug 7, 1981

The suit had its genesis in a Florida zoning dispute, but beyond that there is little agreement among the parties and the issues presented are not clearly delineated. … Leaving aside the substantial issue of the immunity of individual defendants from liability for a taking, see Hernandez v.

Shearer v. Bowen

Court of Appeals for the Fifth Circuit · May 24, 2000

of clearly established law, we vacate the judgment of the district court and remand for entry of judgment for Bowen on qualified immunity grounds. I. … Bowen answered, raising the defense of qualified immunity.

Opulent Life Church v. City of Holly Springs

697 F.3d 279 · Court of Appeals for the Fifth Circuit · Sep 27, 2012

Ct. 1651, 1655, 1658–59 (2011) (holding that RLUIPA does not unambiguously abrogate the sovereign immunity of the states from damages claims). … Doyle, 429 U.S. 274, 280–81 (1977) (recognizing that political subdivisions of states do not enjoy Eleventh Amendment immunity).

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).

United States v. Grosenheider

200 F.3d 321 · Court of Appeals for the Fifth Circuit · Jan 11, 2000

It is clearly established that in order to justify departure based on a factor not listed in the guidelines, a district court must find on the record that “facts or circumstances of a case remove … See Williams, 974 F.2d at 27 (finding that the defendant’s conduct did not qualify as “spontaneous” and “thoughtless” because he clearly planned his activities). 25  We affirm Grosenheider

U.S. v. Watson

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.

In the Matter of James F. Crist, Jr., Debtor. James F. Crist, Jr., Debtor, in Possession v. Jane S. Crist, in the Matter of Frederick H. Pinkerton, Jr., Bankrupt. Frederick H. Pinkerton, Jr. v. Betty Jane Pinkerton

632 F.2d 1226 · Court of Appeals for the Fifth Circuit · Dec 17, 1980

Under the relevant standard of review, findings of fact are not to be disturbed unless clearly erroneous. … Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971) 7 We disagree with the district court in Crist that a Kahn compensation justification would immunize § 17(a)(7).