Case law

Ketona Chemical Corporation v. Globe Indemnity Company

404 F.2d 181 · Court of Appeals for the Fifth Circuit · Mar 7, 1969

Globe objects to this arrangement on the ground that Lloyds is an unauthorized insurer under the Alabama Unauthorized Insurer’s Act, Title 28, Alabama Code, Section 417(1) et seq., since it is not qualified to do business … This issue was included in the district court’s directed verdict in favor of defendant Globe, for the reason that the court felt that plaintiff had failed to establish that a demand had been made upon Globe with respect to

Federal Deposit Insurance Corporation, Cross v. Louisiana National Bank, Cross

653 F.2d 927 · Court of Appeals for the Fifth Circuit · Aug 14, 1981

All the outstanding capital stock of ICB (other than directors’ qualifying shares) was owned by The ICB Corporation (ICB Corporation). … The FDIC, in its brief on appeal, firmly agrees 1 with that characterization but goes on to argue that LNB failed to offer any evidence which could or did establish that section 4 was violated.

R. Richardson, L. Danage, W. North and O. L. Walls v. Texas and New Orleans Railroad Company

242 F.2d 230 · Court of Appeals for the Fifth Circuit · Jun 11, 1957

Appellants rely particularly upon the Steele Case, supra, as establishing that no interpretation of the application of an existing bargaining agreement justifies relegating such discriminatees to any supposed administrative … That was clearly implied by Mr. Chief Justice 'Stone in his subsequent opinion, for the Court in. Steele, supra, 323 U.S. at pages 204-205, 65. S.Ct. at pages 232-233. .

Susan and Reggie Griffith v. Marlin Johnston, Individually and as Commissioner of the Texas Department of Human Services

899 F.2d 1427 · Court of Appeals for the Fifth Circuit · May 30, 1990

If only two parties filed suit in the district court, the “et al.” designation clearly refers to the unnamed party. Pope, 872 F.2d at 129 . … Adoptive parents might also qualify for adoption assistance under the Federal Adoption Assistance Act. 42 U.S.C. § 673 (c).

Houston Chronicle Publishing Co. v. City of League City

488 F.3d 613 · Court of Appeals for the Fifth Circuit · May 30, 2007

The district court held both newspapers have standing because each demonstrated long-established practices of street-vendor sales in the City. USDC Opn. at *1. … “To qualify as a prevailing party ‘[a]ll that is required is that the plaintiff obtain the primary relief sought.’” Id. (quoting Marshall, 622 F.2d at 120).

United States v. Thomas

12 F.3d 1350 · Court of Appeals for the Fifth Circuit · Jan 25, 1994

Because this finding is not clearly erroneous, we will uphold Maxwell’s sentence. … We review this finding using the clearly erroneous standard. United States v.

Severance v. Patterson

566 F.3d 490 · Court of Appeals for the Fifth Circuit · Apr 23, 2009

Sovereign Immunity The Officials contend that Eleventh Amendment sovereign immunity bars Severance’s suit. … Ex Parte Young applies, and Severance’s suit is not barred by sovereign immunity. B.

George v. Livingston Parish Bd

Court of Appeals for the Fifth Circuit · Sep 11, 2000

constitutional violation of George’ rights under clearly established law was alleged. See Guidry v. … Appellees were therefore entitled to qualified immunity. AFFIRMED. 2

Boucher v. Graphic Packaging International Inc.

281 F. App'x 306 · Court of Appeals for the Fifth Circuit · Jun 5, 2008

Under these circumstances, there is clearly doubt as to whether an indemnity contract was included in the agreement to start work on October 17, 2004. … Despite GPI’s insistence that it qualifies as an additional insured under the liability policy Zurich issued to Hydrovac, the unambiguous language of the Additional Insured Endorsement requires a written contract or agreement

Jones v. Kyle

68 F.3d 471 · Court of Appeals for the Fifth Circuit · Sep 25, 1995

Kyle filed an answer asserting qualified immunity and a motion for summary judgment. Relying on Heck v. Humphrey, 114 S. … He asked the court to grant partial summary judgment in his favor on the issue of qualified immunity. 2 A set-off is the amount of time that must expire before there is further review of the denial of parole

United States v. Vaccaro

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

The jury acquitted Etheridge, Joe Gagliano pled guilty, and Carroll testified under a grant of immunity. … The prosecutor’s statement that defense lawyers “muddle the issues” was clearly improper.

Williams v. McDonough

Court of Appeals for the Fifth Circuit · Mar 31, 2023

The Officers moved for summary judgment based on qualified immunity. … Aleshire, 800 F.3d 656, 663–64 (5th Cir. 2015) (“Scott instructs that a plaintiff’s version of the facts should not be accepted for purposes of qualified immunity when it is ‘blatantly contradicted’ and ‘utterly

Flores-Garza v. Immigration & Naturalization Service

328 F.3d 797 · Court of Appeals for the Fifth Circuit · May 2, 2003

§ 1229b(a)(3) (providing that the Attorney General may cancel removal if an otherwise-qualifying alien “has not been convicted of an aggravated felony”). … At the time, the district court’s decision to dismiss the habeas petition was clearly correct according to the law of this circuit.

John M. Ruch v. Commissioner of Internal Revenue

718 F.2d 719 · Court of Appeals for the Fifth Circuit · Oct 31, 1983

This is a finding of fact, and may not be set aside unless clearly erroneous. … standard, the burden of establishing clear error is not so heavy as in the normal ease.

Louis Dreyfus Corp. v. 27,946 Long Tons of Corn

830 F.2d 1321 · Court of Appeals for the Fifth Circuit · Oct 29, 1987

Stickney and Sargent, the district court’s finding that the ORIENT TRADER’S crew failed to show due diligence is not clearly erroneous. … The evidence establishes that the reasonable pre-estimate of damages is $30,000 for a full calendar day or a twenty-four hour period.

Schokbeton Industries, Inc. v. Schokbeton Products Corp.

466 F.2d 171 · Court of Appeals for the Fifth Circuit · Aug 16, 1972

Products’ contractual right to terminate the contract clearly survived both the filing of the arrangement petition ánd the referee’s belated attempt to resurrect an already moribund agreement. … “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C.A. § 1651

Carl Manora v. Patrick R. Donahoe

439 F. App'x 352 · Court of Appeals for the Fifth Circuit · Aug 29, 2011

Better education, work experience, and longer tenure with a company do not necessarily establish that an applicant is clearly better qualified for a position. Price, 283 F.3d at 723. … Better education, however, does not necessarily establish that an applicant is clearly better qualified for a particular position. Price, 283 F.3d at 723. The record reflects that Walker is well qualified in accounting.

The United States of America for the Benefit of and on Behalf of Matthew Glynn v. Capeletti Brothers, Inc., a Florida Corporation

621 F.2d 1309 · Court of Appeals for the Fifth Circuit · Jul 23, 1980

not establish that Congress intended additionally that section 1 would be enforced through private litigation. … Thus, the employees who sought administrative relief have clearly benefited from the action taken, by the Secretary of Labor pursuant to the Davis-Bacon Act.

United States v. Wright

496 F.3d 371 · Court of Appeals for the Fifth Circuit · Aug 9, 2007

Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant … The district court did not clearly err in including loss from the Tippie loan.

Payne v. Commissioner

268 F.2d 617 · Court of Appeals for the Fifth Circuit · Jun 29, 1959

In order to qualify for F.H.A. mortgage insurance it was required that each corporation issue $100 of preferred stock to the F.H.A. … A careful study of this section seems clearly to require only that the corporations be availed of for construction etc. with a view to a distribution * * * prior to the realization of a substantial portion, etc.