Case law

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  • The Piney Woods Country Life School v. Shell Oil Company

    905 F.2d 840 · Court of Appeals for the Fifth Circuit · Jun 27, 1990

    The evidence already produced by the plaintiffs on market value is clearly relevant, and Shell has the burden of rebutting that evidence and producing more accurate evidence of the market value. … Third, the royalty owners assert that the wells not classified under section 107 nonetheless qualify for the higher deregulated prices because of an area rate clause in the Shell-MP&L contract that provides for prices to

    Cited 37 timesPublished
  • United States v. Alfaro

    555 F.3d 496 · Court of Appeals for the Fifth Circuit · Jan 20, 2009

    to his house, and would produce the videotapes there while the victim’s sister, his wife, was away. 3 At sentencing, Alfaro argued that the victim’s taped interview established … Carson, 539 F.3d 611, 612 (7th Cir. 2008) (boyfriend of noncustodial parent qualified for enhancement when minor’s guardian aunt allowed the minor to visit his mother and the defendant); United States v.

    Cited 5 timesPublished
  • Ayon v. Austin Independent

    Court of Appeals for the Fifth Circuit · Feb 20, 2025

    The district court entered judgment against Maldonado after he failed to appear, dismissed the remaining individual defendants due to qualified immunity, and granted summary judgment to AISD on the basis that there was insufficient … The district court granted a motion to dismiss the employees on qualified-immunity grounds. Maldonado failed to appear, and the district court entered default judgment against him for $5,000,000.

    Cited 0 timesUnpublished
  • Ingalls Shipbuilding Division, Litton Systems, Inc. v. John H. White and Director, Office of Workers' Compensation Programs, U. S. Department of Labor

    681 F.2d 275 · Court of Appeals for the Fifth Circuit · Jul 26, 1982

    Any such hearing shall be conducted by an administrative law judge qualified under 3105 of that Title. … Newport News Shipbuilding & Dry Dock Co., 676 F.2d 110, 113 (4th Cir. 1982), the Director petitioned for review of the Board’s finding that an employee qualified for compensation from a special fund established in 33 U.S.C

    Overruled on other grounds by Newpark Shipbuilding & Repair, Inc. v. Roundtree, 723 F.2d 399 (1984)Cited 44 timesPublished
  • 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.

    Cited 192 timesPublished
  • United States v. Dr. Luther Lewis Ashley, Jr., and John Franklin Roper

    569 F.2d 975 · Court of Appeals for the Fifth Circuit · Mar 20, 1978

    At trial Fossum pled guilty to the conspiracy count of the indictment and testified against Ashley and Roper under a grant of immunity. … Fossum’s direct testimony is clearly sufficient to establish this point. United States v. Apollo, 476 F.2d 156, 158 (5 Cir. 1973). In United States v.

    Cited 84 timesPublished
  • Burkes v. Waggoner

    301 F. App'x 390 · Court of Appeals for the Fifth Circuit · Dec 9, 2008

    Police officers performing discretionary functions are immune from suit 2 No. 08-60308 under the qualified immunity doctrine. … That is, they are immune unless their actions “violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

    Cited 0 timesUnpublished
  • Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)

    888 F.3d 753 · Court of Appeals for the Fifth Circuit · Apr 25, 2018

    Heinrich offered a qualified replied: “To a certain degree. … But none of the three speaks, let alone clearly, to the question.

    Cited 161 timesPublished
  • United States v. Tampa Bay Garden Apartments, Inc. And Tampa Bay Manor, Inc.

    294 F.2d 598 · Court of Appeals for the Fifth Circuit · Sep 1, 1961

    The court hereby determines, however, that either party shall be permitted to introduce into evidence testimony by qualified experts based on any of the recognized methods of appraisal, which are: “(a) Comparable sales, if … The district court could have rejected the Commission’s findings had they been clearly erroneous.

    Cited 46 timesPublished
  • Custer v. Murphy Oil USA, Inc.

    503 F.3d 415 · Court of Appeals for the Fifth Circuit · Oct 5, 2007

    “To establish a prima facie case of discrimination under ERISA, a plaintiff must establish that his employer fired him in retaliation for exercising an ERISA right or to prevent attainment of benefits to which he would have … But the evidence the plaintiffs rely on, namely Smith’s testimony, does not establish such a policy.

    Cited 0 timesPublished
  • Patricio Hernandez-Cordero and Maria Guadalupe Ortega De Hernandez v. United States Immigration & Naturalization Service

    819 F.2d 558 · Court of Appeals for the Fifth Circuit · Jun 19, 1987

    First, the statute expressly qualifies the definition of “extreme hardship” as being “in the opinion of the Attorney General.” 8 U.S.C. § 1254 (a)(1). … They clearly are. Any of us would be happy to see them gain citizenship. But Congress in its wisdom has determined that this is not enough to avoid deportation under 8 U.S.C. § 1254 (a)(1).

    Cited 41 timesPublished
  • Jack Thompson v. Ray D. Bass, Etc., Dan H. Turner, Etc.

    616 F.2d 1259 · Court of Appeals for the Fifth Circuit · May 14, 1980

    Thompson’s amended complaint adequately stated a claim under section 1983, but Thompson’s proof was not sufficient to establish Turner’s liability. II. … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

    Cited 67 timesPublished
  • Johnson v. Dallas County Texas

    Court of Appeals for the Fifth Circuit · Mar 21, 1997

    Assessing the defense of qualified immunity is a two-step process. First, we must determine whether Johnson has alleged the violation of a clearly established constitutional right. … Collyns is therefore entitled to qualified immunity. Nerren, 86 F.3d at 473.

    Cited 0 timesUnpublished
  • 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.

    Cited 0 timesUnpublished
  • Dolbear v. Gulf Production Co.

    268 F. 737 · Court of Appeals for the Fifth Circuit · Aug 10, 1920

    The Texas decisions clearly show that acquiescence is as essential as dominion, and, of course, there can be no acquiescence without knowledge. … The failure of the Dolbear heirs to test out their title while Hall, Levi Dolbear, Cleveland, and McDougall were living, by whom the deeds could have been established and re-established if they *741 ever existed, is more

    Cited 4 timesPublished
  • Ronald Chisom v. Edwin Edwards, in His Capacity as Governor of the State of Louisiana

    839 F.2d 1056 · Court of Appeals for the Fifth Circuit · Feb 29, 1988

    Clearly, judges are “candidates for public or party office” elected in a primary, special, or general election; therefore, section 2, by its express terms, extends to state judicial elections. … However, the district court erred in finding that plaintiffs’ complaint did not establish a theory of “discriminatory intent.”

    Overruled by League of United Latin American Citizens Council No. 4434 v. Clements, 914 F.2d 620 (1990)Cited 29 timesPublished
  • In The Matter Of: Lowery Brothers, Inc.

    589 F.2d 851 · Court of Appeals for the Fifth Circuit · Feb 15, 1979

    "A lien is a qualified right or a proprietary interest, which may be exercised over the property of another. It is a right which the law gives to have a debt satisfied out of a particular thing." City of Sanford v. … Davis clearly fits this definition. 12 National Steel Prod. Co. v. Donald L.

    Cited 12 timesPublished
  • United States v. Mississippi Chemical Company

    326 F.2d 569 · Court of Appeals for the Fifth Circuit · Jan 9, 1964

    The basic principles of law governing the taxation of non-exempt cooperatives may be thus summarized: When a legally enforceable obligation exists to refund to qualified pur *571 chasers (stockholder-patrons) their proportionate … These tests are clearly stated by the Court of Appeals for the Eighth Circuit in Pomeroy Cooperative Grain Co. v.

    Cited 28 timesPublished
  • Enriqueta Reginalda Gonzalez De Moreno v. United States Immigration and Naturalization Service

    492 F.2d 532 · Court of Appeals for the Fifth Circuit · Apr 10, 1974

    Petitioner did not deny these charges either before the special inquiry officer or on appeal to the Board, but rather asserted that she qualified for relief from deportation under sections 241(f) 2 , 244(a)(1) 3 , and 249 … Far from supplying such an unlikely demonstration, the pertinent materials quite clearly compel rejection of the Service’s position.”

    Cited 7 timesPublished
  • Ayers v. Thompson

    358 F.3d 356 · Court of Appeals for the Fifth Circuit · Feb 11, 2004

    Regarding Alcorn State, the district court ordered the establishment of an MBA program at the school’s Natchez Center. Id. … Further, the court observed that the Board had standardized “an alternative procedure for students to qualify for university admission by completing specified requirements at a community college.”

    Cited 39 timesPublished

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