Case law

Novak v. Beto

453 F.2d 661 · Court of Appeals for the Fifth Circuit · Dec 9, 1971

Clearly, the TDC has been making progress toward complying with the dictates of Johnson v. Avery and Beard v. … After studying this record in its entirety, we have found ample evidence to establish that the TDC complies with virtually all of these guidelines in its administration of solitary confinement.

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.

United States v. Joseph J. Rey, Sr.

641 F.2d 222 · Court of Appeals for the Fifth Circuit · Mar 30, 1981

Therefore, this claim of denial of due process is not properly within an Abney appeal, and must independently qualify under Cohen’s collateral order exception. Abney, 431 U.S. at 663 , 97 S.Ct. at 2042 . … Rey initially asserts that the evidence is insufficient to establish a conspiracy between himself and Lozano.

United States v. Robert Triplett, Jr.

684 F.3d 500 · Court of Appeals for the Fifth Circuit · Jun 13, 2012

5  Case: 11-60277 Document: 00511886501 Page: 6 Date Filed: 06/13/2012 No. 11-60277 Such a finding will not be set aside unless clearly … This is so because magistrates are considered more qualified than law enforcement in making that assessment. Id.

Clemens v. McNamee

615 F.3d 374 · Court of Appeals for the Fifth Circuit · Aug 12, 2010

The district court also found, in the alternative, that if the court had personal jurisdiction over McNamee, his statements to the Mitchell Commission were cloaked with absolute immunity. … Similarly, the litigation in question here clearly “relates to” McNamee’s business trips to Texas because the allegedly defamatory statements relate to McNamee’s training relationship with Clemens.

United States v. Ivan Cabrera

600 F. App'x 279 · Court of Appeals for the Fifth Circuit · Apr 23, 2015

Cabrera has not offered any evidence to establish that the PSR contained inaccurate or materially untrue facts regarding the brandishing of a weapon. … A defendant qualifies for a two-level adjustment in offense level if he was an organizer, leader, manager, or supervisor, in any criminal activity. § 3B1.1(c).

Hayes v. United States

899 F.2d 438 · Court of Appeals for the Fifth Circuit · May 1, 1990

It is thus subject to the clearly erroneous standard of review. Fed. R.Civ.P. 52(a). … Appellant argues that these witnesses were not qualified to give testimony as to the cost of Hayes’ future medical care.

Global Petrotech, Inc. v. Engelhard Corp.

58 F.3d 198 · Court of Appeals for the Fifth Circuit · Jul 19, 1995

We need not, however, in this proceeding determine whether the district court abused its discretion in not allowing the proffered evidence with a qualifying jury instruction. … However, if the contract fails to "unambiguously establish the amount owed," then article 5069-1.05 applies. Law Offices of Moore & Associates v. Aetna Ins.

Donald Franco-Casasola v. Eric Holder, Jr.

773 F.3d 33 · Court of Appeals for the Fifth Circuit · Oct 23, 2014

Thus, the statements that Franco-Casasola was “convicted of these elements” and “convicted for illicit trafficking in firearms” are clearly erroneous. … Likewise, such an outcome would, in effect, establish the presumption that a guilty plea under one statute also establishes the elements of any statutes mentioned in the indictment.

United States v. Rubalcava

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

continued sentencing hearing, Rubalcava’s counsel stated that “[e]very time money is distributed from that trust, it has to go before the trustee; the trustee has to approve it that in fact it is for some special need that qualifies … Once again, the record clearly supports application of the cross- reference.

Nevett v. Sides

533 F.2d 1361 · Court of Appeals for the Fifth Circuit · Jun 8, 1976

None of the findings of fact, considered separately from the intermingled conclusions of law, can be set aside as clearly erroneous. Rule 52(a) F.R.Civ.P. … A larger number of blacks qualified than had in 1968.

Ingebretsen on Behalf of Ingebretsen v. Jackson Public School Dist.

88 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 10, 1996

Under the terms of the statute, the state or its representatives will inevitably be forced to decide who prays and which prayers qualify as nonsectarian and nonproselytizing. … This is clearly the sort of state involvement contemplated by Karen B. III. Mississippi argues next that the district court erred in issuing the preliminary injunction.

Commonwealth Oil Refining Co. v. United States Environmental Protection Agency

805 F.2d 1175 · Court of Appeals for the Fifth Circuit · Nov 25, 1986

The court also affirmed the bankruptcy court’s holding that CORCO had failed to establish the prerequisites necessary for a stay under § 105. … The effect of an exception is not to make the action immune from injunction. The court has ample other powers to stay actions not covered by the automatic stay.

Ellis Carp v. California-Western States Life Insurance Company

252 F.2d 337 · Court of Appeals for the Fifth Circuit · Feb 19, 1958

Carp could qualify, become eligible upon the completion of one month of continuous service providing they are then actively at work on full-time and for full pay. … It is our holding, in the light of the foregoing authorities, that the burden of proof on the issue of employment, is clearly upon the plaintiff.

Tomas Rodriguez v. Clarence Jones

473 F.2d 599 · Court of Appeals for the Fifth Circuit · Feb 6, 1973

. *604 We are unable to say that these findings are clearly erroneous. … Consequently, in line with these well-established precedents we appraise the officers’ conduct in forcibly entering the private dwelling of appellants against the background of tort liability to determine if damages are allowable

Gregory White v. Ross Maggio, Warden, Louisiana State Penitentiary

556 F.2d 1352 · Court of Appeals for the Fifth Circuit · Aug 31, 1977

The gun and bullet did not qualify for discovery under Brady v. … Such a finding is permissible only if supported by evidence establishing guilt beyond a reasonable doubt.

Wilson v. Centene Mgmt

Court of Appeals for the Fifth Circuit · Feb 19, 2026

Because the Plaintiffs’ “damages model [was] based solely on this invalid theory,” Superior asserted the Plaintiffs failed to establish the concrete injury in fact required to establish Article III standing. … The Plaintiffs clearly provided evidence of injury in fact, including affidavits from the named Plaintiffs, the disputed contract, and most importantly, their expert report (a report that the district court deemed admissible

John W. Gardner, Secretary of Health, Education and Welfare v. Luther L. Smith

368 F.2d 77 · Court of Appeals for the Fifth Circuit · Oct 11, 1966

. § 405 (g) for judicial review of the Secretary’s decision denying the claimant’s application to establish a period of disability and for disability insurance benefits under sections 216 (i) and 223 of the Act, 42 U.S.C. … Clearly, section 423 was enacted to protect the disabled from economic destitution and resorting to charity.

Mid-Louisiana Gas Company v. Federal Energy Regulatory Commission, Consolidated Gas Supply Corporation v. Federal Energy Regulatory Commission

664 F.2d 530 · Court of Appeals for the Fifth Circuit · Dec 23, 1981

However, this general definition is subject to a qualified exception which is crucial to the issue presented here. … Relying on the language, purposes and history of the NGPA, we hold that Congress clearly intended for any production attributable to an “interstate pipeline, intrastate pipeline or local distribution com-, pany, or any affiliate

Harris v. Kirby

Court of Appeals for the Fifth Circuit · Jan 23, 1998

immunity. … The allegations of Appellee’s complaint, presumptively supported by sufficient evidence, demonstrate a violation of his clearly established constitutional rights.