Case law

Carolyn HUCKEBY, Plaintiff, v. FROZEN FOOD EXPRESS, Defendant-Appellee, v. Alice BOBO, Intervenor-Appellant

555 F.2d 542 · Court of Appeals for the Fifth Circuit · Jul 11, 1977

By the time he interviewed Bobo and examined her file, the 90-day limitations period established by statute 2 had expired. … A writ of mandamus will not be issued unless “appeal is a clearly inadequate remedy.” Ex parte Fahey, 332 U.S. 258, at 260 , 67 S.Ct. 1558, at 1559 , 91 L.Ed. 2041, at 2043 .

United States v. John A. Blair

470 F.2d 331 · Court of Appeals for the Fifth Circuit · Mar 26, 1973

of the master wheels. 6 Large numbers are called for not only to assure a fair cross section in the heavily populated Miami metropolitan area, but to afford a sufficient number out of which names could be drawn for the qualified … certainty clearly reflects that he was so informed. 22 The burden is on the Government to establish the requisite certainty, and failing that, the conviction must be set aside to allow Dunn to plead anew.

Hattie M. Blunt v. Marion County School Board

515 F.2d 951 · Court of Appeals for the Fifth Circuit · Jul 14, 1975

During the process of the desegregation effort, the superintendent of schools for Marion County was committed to the principle that no teacher should be discharged in order to achieve the ratio established by HEW. … other professional staff members are to be displaced as a result of desegregation, no staff vacancy in the school system shall be filled through recruitment from outside the system unless no such displaced staff member is qualified

Gleason v. Hall

555 F.2d 514 · Court of Appeals for the Fifth Circuit · Jul 11, 1977

REMITTITUR This Court recently established the scope of appellate review of a trial court’s order of remittitur in Bonura v. … Breffeilh is, indeed, qualified as an expert witness in matters concerning the human eye? “MR. FREYER: We would be happy to stipulate his qualification. “MR. POLITZ: We would also join in that stipulation.

Highland Resources, Inc. v. Federal Power Commission, George R. Brown v. Federal Power Commission, Highland Resources, Inc. v. Federal Power Commission

537 F.2d 1336 · Court of Appeals for the Fifth Circuit · Sep 3, 1976

III 14 In sum, we hold that the FPC's finding that neither Highland nor Brown qualified for small producer certification is conclusive since it is supported by substantial evidence. … On the other hand, the Commission's refusal to give nunc pro tunc effect to the rate filings of Highland was clearly arbitrary and must be reversed.

Haynes v. Quarterman

561 F.3d 535 · Court of Appeals for the Fifth Circuit · Apr 23, 2008

We have clearly held that the district court’s denial of COA sua sponte is “perfectly lawful.” Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. 2000). … A judge's ordinary efforts at courtroom administration - even a stern and short-tempered judge's ordinary efforts at courtroom administration - remain immune. Id. at 555-56.

United States v. Daniel Mark Scheffer

463 F.2d 567 · Court of Appeals for the Fifth Circuit · Sep 11, 1972

This result is unquestionably required by the language in Jones : “In order to qualify as a ‘person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the search … Clearly, and undisputed by the government, Scheffer may contest the legality of the search since he was a resident and an occupant of the searched house. We also hold, on the strength of Jones v.

United States v. Rahimi

61 F.4th 443 · Court of Appeals for the Fifth Circuit · Mar 2, 2023

And there is some debate over the extent to which the Court’s “law-abiding” qualifier constricts the Second Amendment’s reach. Compare Kanter v. … First, they are more clearly a part of our tradition of firearm regulation.

Texas Lottery Commission v. Tran

151 F.3d 339 · Court of Appeals for the Fifth Circuit · Sep 3, 1998

duties to make a lottery ticket sales agent a fiduciary under § 523(a)(4); and (3) impose those duties prior to any wrongdoing by the sales agent, thus safely distinguishing the trust relationship under the Act from the non-qualifying … Clearly, the absence of this latter duty undercuts the *345 argument that the Act seeks to prohibit an agent from spending trust funds for non-trusts purposes without expressly saying so.

Davis v. Board of School Commissioners of Mobile County

393 F.2d 690 · Court of Appeals for the Fifth Circuit · Mar 12, 1968

The school officials who testified were unable to state, clearly what criteria they used in determining the location of the various lines, and they were unable to produce the source material — maps, charts, memoranda, etc … If, as a result of desegregation, there ÍS' to be a reduction in the total professional staff of the school system, the qualifi *698 cations of all staff members in the system shall be evaluated in selecting the staff member

Estate of Roberta L. Bailey, Deceased, and Joseph W. Bailey, Iii, Independent v. Commissioner of Internal Revenue

741 F.2d 801 · Court of Appeals for the Fifth Circuit · Sep 17, 1984

In reviewing the Tax Court’s decision, we recognize that we may reverse only those findings of fact that are clearly erroneous. Allen v. … Sentry Title Co., 715 F.2d 941 (5th Cir.1983), mandate recalled on other grounds, 727 F.2d 1368 (5th Cir.1984), we held that to establish a constructive trust, the plaintiff must first show, by a preponderance of the evidence

Adrian Garcia v. Eric Holder, Jr.

756 F.3d 839 · Court of Appeals for the Fifth Circuit · Jun 30, 2014

The record in this case does not clearly establish whether Garcia has already been removed from the United States. … “When the Government alleges that a state conviction qualifies as an ‘aggravated felony’ under the INA, [courts] generally employ a ‘categorical approach’ to determine whether the state offense is comparable to an offense

Donald Ray Tyler Donald R. Powers M. Leon Earles Thomas L. Hough David Burkett, Plaintiffs-Appellees-Cross-Appellants, Jessie G. Price v. Union Oil Company of California, Doing Business as Unocal, Defendant-Appellant-Cross-Appellee-Appellee. Donald Ray Tyler Donald R. Powers Jessie G. Price M. Leon Earles Thomas L. Hough David L. Burkett, Plaintiffs-Appellees-Cross-Appellants v. Union Oil Company of California, Doing Business as Unocal, Defendant-Appellant-Cross-Appellee

304 F.3d 379 · Court of Appeals for the Fifth Circuit · Oct 2, 2002

less qualified that Burkett. … Because Hough and Earles have not shown that the court's factual findings are clearly erroneous, and because they have not shown that the district court clearly erred in refusing to make the additional factual findings that

Clifton Favorite v. Marine Personnel and Provisioning, Inc., Individually, and as Agent for Marine Transport Management Company, Inc., Clifton Favorite v. Marine Personnel and Provisioning, Inc.

955 F.2d 382 · Court of Appeals for the Fifth Circuit · Mar 12, 1992

. § 781 et seq., waives the United States' sovereign immunity in suits "for damages caused by a public vessel of the United States." The PVA does not, however, define the term "public vessel." … "The caselaw clearly establishes that if MTL was indeed an agent of the United States, plaintiff's exclusive remedy ... lies against the United States." Cruz, 634 F.Supp. at 110 .

United States v. William Crosby Crouch, Jr.

415 F.2d 425 · Court of Appeals for the Fifth Circuit · Sep 4, 1969

The District Court in the present case was of the opinion that the defense was clearly an afterthought and that there was “no indication that defendant would comply with any order issued to him by the board.” … The Board wrote to appellant, furnishing Mm with a list of approved work institutions in Louisiana, and offered assistance in obtaining employment in any type of work he might choose from the list for which he was deemed qualified

Rencare, Ltd. v. Humana Health Plan of Texas, Inc., Doing Business as Humana Health Plan of San Antonio Humana Hmo of Texas, Inc.

395 F.3d 555 · Court of Appeals for the Fifth Circuit · Mar 15, 2005

Because RenCare’s claims are based on state law, the standing and substantive basis for its claims is clearly not the Medicare Act. … Under Parts A and B, funds from the Federal Supplementary Medical Insurance Trust Fund are paid directly to providers for each qualifying service provided to a beneficiary.

United States v. Roy E. Walker

772 F.2d 1172 · Court of Appeals for the Fifth Circuit · Sep 18, 1985

According to immunized testimony by members of the Buras organization, Walker’s role was to monitor local police activity when drug shipments arrived into port by boat. … The confluence of all factors in this particular case strongly convinces us that the trial court clearly erred in denying Walker’s motion to reopen.

Lee v. Chambers County Board of Education

533 F.2d 132 · Court of Appeals for the Fifth Circuit · May 28, 1976

Kelly, 515 F.2d 908, 910 (5th Cir. 1975) (Singleton "established procedures to govern staff reductions upon integration of a school district"). … These findings are supported by ample evidence and are not clearly erroneous.

Raul Quan Young and Grace Larrad De Quan v. The United States Department of Justice, Immigration and Naturalization Service

759 F.2d 450 · Court of Appeals for the Fifth Circuit · May 2, 1985

establishing that it is more likely than not that the alien would be subject to persecution on one of the specified grounds.” … The alien, however, clearly bears the burden of proving entitlement both to asylum and withholding. 8 C.F.R. §§ 208.5 , 242.17(c); Stevie, 104 S.Ct. at 2497 n. 16; Haitian Refugee Center v.

Sally Gahn v. Allstate Life Insurance Company

926 F.2d 1449 · Court of Appeals for the Fifth Circuit · Mar 26, 1991

Gahn with too few employees to qualify for group rates on their own. Homer Gahn’s initial premium under the 1986 policy was $287.57 per month, and the policy provided unlimited coverage for major medical expenses. … The district court made no factual findings at all regarding the language of the policy, and, therefore, we can uphold the summary judgment only if the terms of the contract clearly permit Allstate to cancel Mrs.