Case law

The United States of America v. Joe Alvin Anderson

885 F.2d 1248 · Court of Appeals for the Fifth Circuit · Sep 28, 1989

Conventional revolvers and semi-automatic pistols are not among the covered “firearms” enumerated in section 5845; “machine guns,” however, are. 3 The fully automatic pistols possessed by the instant defendant qualify as … Sparks, 449 U.S. 24 , 101 S.Ct. 183 , 66 L.Ed.2d 185 (1980) (overruling several prior Fifth Circuit decisions on 42 U.S.C. § 1983 immunity). 12 We overrule Vasquez , under which innocent possession of a worn or altered auto-loader

Jose Velasco v. City of Brownsville

Court of Appeals for the Fifth Circuit · May 8, 2018

Thus, the district court granted summary judgment to Lerma and Plata on qualified-immunity grounds on all of the claims against them. “We review a grant of summary judgment de novo.” N.Y. Life Ins. Co. v. … To overcome a defendant’s assertion of qualified immunity, a plaintiff must show first that “the official violated a statutory or constitutional right” and second that “the right was clearly established at the time of the

United States v. Elizabeth Garcia De Nieto

922 F.3d 669 · Court of Appeals for the Fifth Circuit · Apr 30, 2019

Moreover, evidence established that De Nieto had been operating her scheme as early as 2008. … De Nieto has not established that the district court erred in any respect.

Sirius Solutions v. CIR

Court of Appeals for the Fifth Circuit · Jan 16, 2026

However, the Tax Court was clearly correct: “Generally” is a qualifier. … The record here clearly establishes that the individual partners were not merely passive investors but were “limited” in name only.

Bennett v. Hartford Ins. Co. of the Midwest

890 F.3d 597 · Court of Appeals for the Fifth Circuit · May 18, 2018

Item Two of the Declarations states that the policy covers "any 'auto,' " the truck involved in the accident is clearly covered. … That the insurance policy unambiguously provides coverage and establishes the intent of the contract parties obviates the need to establish the intent of the contracting parties and, further, the need to take judicial notice

Bruff v. North Mississippi Health Services, Inc.

244 F.3d 495 · Court of Appeals for the Fifth Circuit · Mar 28, 2001

prohibit counselors from discriminating based upon sexual preferences, while Bruff introduced evidence that the counseling rules of ethics require a counselor to disclose to the patient any areas that the counselor is not qualified … CONCLUSION The evidence, considered in the light most favorable to Bruff, clearly established that requiring the Medical Center to accommodate her while retaining her in the position of EAP counselor would involve

Gil Ramirez Group, L.L.C. v. Houston Indep

Court of Appeals for the Fifth Circuit · Mar 18, 2019

Qualified Immunity Marshall also argues the jury erred in finding he was not protected by qualified immunity. … He argues that the state of the law was unclear after McDonnell, and thus it could not have been “clearly established” which specific acts might be illegal.

American Laser Vision, P.A. v. Laser Vision Institute, L.L.C.

487 F.3d 255 · Court of Appeals for the Fifth Circuit · May 16, 2007

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.”11 The arbitrator must “appreciate[] … the existence of a clearly governing principle but decide[] to ignore or pay no attention to it.”12 Moreover, once a manifest disregard is established, the court also “must find that the award

Frank Lee Mikeska, James Logan Diez, and Walter D. Williams v. James A. Collins, Director, Texas Dept. Of Criminal Justice, Institutional Division

900 F.2d 833 · Court of Appeals for the Fifth Circuit · May 11, 1990

It is therefore imperative that the record clearly and unmistakeably reflect the identity of those who are taking the appeal. … Any unjustified refusal to follow the established work regime is an invitation to sanctions.

Lopez v. Laborers Intern. Union Local No. 18

987 F.2d 1210 · Court of Appeals for the Fifth Circuit · Apr 14, 1993

The court found that nothing more than bare allegations supported those claims, and that Lopez et al. failed to establish any discriminatory pattern or practice. Lopez et al. timely appealed. II ANALYSIS A. … This figure should represent all of the Hispanics who were available and qualified to be called through the specific request exception to the roll call system. 16 24 Clearly, the district court's statement quoted above was

Cole v. Barnhart

Court of Appeals for the Fifth Circuit · Apr 4, 2002

Cole's work from September 1992 to December 1992 qualifies as an unsuccessful work attempt that would alter Mr. Cole's disability onset date. Mrs. … Cole's testimony did not establish that he failed to meet the twelve-month durational requirement for disability or that he was capable of maintaining regular employment.

United States v. State of Texas

Court of Appeals for the Fifth Circuit · Jul 3, 2025

El Paso does not clearly allege—let alone establish—that 8,000 new people will be detained in county facilities. … Rev. 703, 715–16 (2019) (“To qualify for relief under general principles of equity jurisprudence, the plaintiff normally needed to establish not only that the defendants were behaving unlawfully, but also that their behavior

United States v. Francisco D. Pineiro, Also Known as Frank Pineiro

377 F.3d 464 · Court of Appeals for the Fifth Circuit · Jul 12, 2004

A finding of fact is clearly erroneous if, based on a consideration of all the evidence, we are left with the definite and firm conviction that a mistake has been made. Id. … As he points out, several circuits have held that a buyer-supplier relationship is insufficient to qualify for the “organizer or leader” sentence enhancement. See United States v.

Cagle v. McQueen Texas Employers' Ins. Ass'n v. Gulf Oil Corp. McQueen v. Cagle. Gulf Oil Corp. v. Cagle

200 F.2d 186 · Court of Appeals for the Fifth Circuit · Jan 19, 1953

Appellant insists that as a matter of law Don- Payte was not a qualified juror under the Texas statute. That statute merely emphasizes the universal rule that a, biased or prejudiced juror is-not competent to serve. … Point No. 3: The court in charging the jury on gioss negligence-necessary to be established as against the defendant, McQueen and Stout, defined gross ncgli-gence as follows : “ ‘Gross negligence’ to be ground for exemplary

United States v. Hankins

581 F.2d 431 · Court of Appeals for the Fifth Circuit · Oct 3, 1978

This clearly covered the partnership records in existence prior to the death of Mr. Bewel Hankins on November 19, 1971. … With the fact of non-compliance with the court’s previous order clearly and convincingly established, Hankins’ failure to testify, presumably resting on his Fifth Amendment right not to testify, means that he has failed to

Dr. Janet I. Merrill v. Southern Methodist University

806 F.2d 600 · Court of Appeals for the Fifth Circuit · Dec 24, 1986

As to the remaining claims, the court found that Merrill failed to establish intentional discrimination and held in SMU’s favor. Merrill appeals. We affirm. … Pound was qualified to teach the course, and had asked to teach it. Merrill’s final year at SMU was apparently a transition period. 5 .

Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, United States Department Oflabor

518 F.2d 990 · Court of Appeals for the Fifth Circuit · Sep 8, 1975

Workmen’s Compensation Laws established under this chapter. § 653. … Occupational Safety and Health Review Commission — Establishment; membership; appointment; Chairman (a) The Occupational Safety and Health Review Commission is hereby established.

Palermo v. F.D.I.C.

Court of Appeals for the Fifth Circuit · Jan 21, 1993

The regulations concerning joint accounts read as follows: (c) Qualifying joint accounts. … Clearly we may not defer to an erroneous interpretation that is not "in accordance with the law."10 B.

McAvey v. Lee

Court of Appeals for the Fifth Circuit · Jul 25, 2001

Clancy, 162 So. 734 (La. 1935) (holding that insurer could not plead father’s immunity to suits from children); Rome v. … Orl. 1936) (holding that insurer could not raise defense of immunity for hospital).

United States v. Jorge L. Reyes

945 F.2d 862 · Court of Appeals for the Fifth Circuit · Oct 23, 1991

The Court in Morgan found authority for sustaining the writ of coram nobis in the All Writs Act, 28 U.S.C. § 1651 (a) which states: "The Supreme Court and all courts established by Act of Congress may issue all writs necessary … The court found that this remedy preserved the government's interest in maintaining a criminal record on Ghebrezia-bher while still allowing him to qualify for IRCA relief. Ghebreziabher, 701 F.Supp. at 117 . 9 .