Case law

Eugene R. Thrash v. A. J. O'donnell, Jr., District Director, Internal Revenue Service, United States of America, Intervenor-Appellant

448 F.2d 886 · Court of Appeals for the Fifth Circuit · Aug 16, 1971

Admission of the Revenue Ruling The only question before the Trial Court was whether or not Taxpayer operated the game in the manner necessary to qualify for the statutory exclusion. … Clearly, even if the Commissioner’s determination of tax liability is presented by way of cross-appeal in a refund suit, the burden is on the taxpayer to prove with a preponderance of the evidence, that the Commissioner’s

United States v. Jesus Montalvo Davila

890 F.3d 583 · Court of Appeals for the Fifth Circuit · May 16, 2018

The root of “demonstrably”— “demonstrate”—means “to show clearly”, or “to prove or make clear by reasoning or evidence”. … Far less unfair is when, as here, our panel did exactly what it was supposed to do: apply the rule of orderliness to affirm Davila’s sentence based on established precedent.

Zenor v. El Paso Healthcare

Court of Appeals for the Fifth Circuit · May 31, 1999

To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; (3) that he was subject to an adverse employment decision … Clearly, one who is not licensed cannot be considered “otherwise qualified” for the position of pharmacist. 8 Major life activities include “functions such as caring for oneself, performing manual tasks, walking, seeing

Kirkley David, L. Little, J. E. Clark v. Pitser Garrison and Ed Wareing

553 F.2d 923 · Court of Appeals for the Fifth Circuit · Sep 2, 1977

The Court has clearly stated that no one group is constitutionally entitled to elect representatives from that group. Kirksey v. … There are no findings, however, as to whether any blacks applied for these positions, nor as to whether any black applicants were qualified for the positions they sought.

United States v. Dewey E. Southers

583 F.2d 1302 · Court of Appeals for the Fifth Circuit · Nov 14, 1978

The conduct of Southers as related above clearly entitled the jury to infer that he acted with the intent to injure or defraud the bank. See United States v. … The appellant fails to note, however, that the court in Tidwell substantially qualified the above statement as follows: But it might also have induced the jury to decide the case on whether the bank suffered a pecuniary loss

Control Components, Inc., and Richard E. Self v. Valtek, Inc. And Alpha Engineering Company

609 F.2d 763 · Court of Appeals for the Fifth Circuit · Jan 9, 1980

Patent validity and nonobviousness are not separate questions; validity embraces nonobviousness for it can be established only by proving that indispensable ingredient. In Swofford v. … This imperative was qualified merely by identifying the underlying factual inquiries of the Graham test as “factors to consider” when the jury was resolving the question.

Harry Vincent Brown, Plaintiff-Appellee-Cross v. Itt Rayonier, Inc., Defendant-Appellant-Cross

497 F.2d 234 · Court of Appeals for the Fifth Circuit · Jul 18, 1974

In the first place, to the extent we must class appellee as either a seaman or a harbor worker, we think him much more akin to workers who clearly fall in the latter category. … We are thus confronted with the possibility that while appellee is not a Jones Act seaman, he may nonetheless qualify for relief under the general maritime law.

Ramiro Tula Rubio v. Loretta Lynch

805 F.3d 185 · Court of Appeals for the Fifth Circuit · Oct 28, 2015

Dep't of Justice, Immigration & Naturalization Serv., 523 F.2d 503, 506 (2d Cir. 1975) (“[I]t is established by clear, unequivocal and convincing evidence that the respondent is without status in the United States . . . . … Using “status” as a term of art, as explained supra, captures this clearly identified goal.

In re: Gregg Abbott

954 F.3d 772 · Court of Appeals for the Fifth Circuit · Apr 7, 2020

In issuing the TRO, the district court clearly abused its discretion by failing to apply (or even acknowledge) the framework governing emergency exercises of state authority during a public health crisis, established over … Code Ann. § 41- 41-191(3)(j), and the physician’s “reasonable medical judgment” of a qualifying fetal abnormality, id. § 41-41-191(3)(h).

Love v. Dell, Inc.

551 F.3d 333 · Court of Appeals for the Fifth Circuit · Dec 2, 2008

McDanald,1 that the Spruce Mountain treatment was not medically necessary and that Heidtman qualified for “intensive outpatient” treatment only, not residential treatment. … But Menninger was clearly classified as an acute facility under ValueOptions’ framework; the first time that Heidtman was treated there, ValueOptions informed Love of this fact.

Xhino Gjetani v. William Barr, U. S. Atty Gen

Court of Appeals for the Fifth Circuit · Jul 31, 2020

Because he did not qualify for asylum, Gjetani necessarily did not meet the higher threshold for establishing eligibility for withholding of removal. … Gjetani has indisputably suffered greater harm to his person than the petitioner in Tamara-Gomez, and the treatment should likewise qualify as persecution.

United States v. Christopher Waguespack

935 F.3d 322 · Court of Appeals for the Fifth Circuit · Aug 15, 2019

The district court did not clearly or obviously violate Waguespack’s Confrontation Clause rights. … “A factual finding is not clearly erroneous if it is plausible in light of the record as a whole.” Id.

Ford v. Scallen

127 F.3d 33 · Court of Appeals for the Fifth Circuit · Sep 8, 1997

Art. 3492 (West 1997). 5 Defendants were entitled to qualified immunity, on all of Ford’s claims. … Because of Ford’s inability to assert causation, we do not need to go beyond the parameters of this discussion and address the Defendants’ qualified immunity argument.

Howard G. Pinder, Sr., and Howard G. Pinder, Jr. v. United States

330 F.2d 119 · Court of Appeals for the Fifth Circuit · Apr 8, 1964

That he picked up at the Knight Paper Company on several occasions will call orders of envelopes clearly shown to have been used in the lottery, although denied by him, was established by the testimony of a disinterested … It was clearly admissible for that purpose. It was not used as a basis for the assessment.

Bruecher Foundation Services, Inc. v. United States

383 F. App'x 381 · Court of Appeals for the Fifth Circuit · Jun 18, 2010

Standard of Review Our “standard of review for bench trials is well established: findings of fact are reviewed for clear error; legal issues, de novo.” Seal v. Knorpp, 957 F.2d 1230, 1234 (5th Cir.1992). … United States, 695 F.2d 145 , 155 (5th Cir.1983), we explained that sovereign immunity applies with equal force to tax refund suits; and that, while the United States has consented to be sued in this context, it *387 has

Gordon v. City of Pleasanton

Court of Appeals for the Fifth Circuit · Jul 2, 2002

immunity, we engage a two-part inquiry: (1) whether the plaintiff alleged a violation of a clearly established constitutional right; and if so, (2) whether the defendants’ conduct was ctively reasonable.11 We have … Dispatcher Schawver The district court, concluding that Schawver’s actions were objectively unreasonable under clearly established law, denied qualified immunity against the Gordons’ claims for violation of their

Coggin v. Longview Independent School District

337 F.3d 459 · Court of Appeals for the Fifth Circuit · Apr 18, 2002

Instead, all are content to believe that § 21.253 clearly applies a “mailbox rule” to hearing requests. … If § 21.253 did clearly incorporate a mailbox rule, Coggin would have a much stronger constitutional claim.

Porter v. American Optical Corp.

641 F.2d 1128 · Court of Appeals for the Fifth Circuit · Apr 8, 1981

George was qualified as an expert toxicologist and not as an expert in the design and manufacturing of respirators or filters. … George was qualified as an expert toxicologist and not as a design expert was made absolutely clear to the jury.

United States v. Gray

105 F.3d 956 · Court of Appeals for the Fifth Circuit · Jan 29, 1997

The callers were told that Financial Plus was a loan broker, that a credit check would be run to see if they qualified for a loan program, and that they would be contacted if they were qualified. 3 But without performing … Based on the trial record and presentencing report, the finding of loss was not clearly erroneous. 62 2.

McFarland & Tondre v. Texas General

40 F.3d 763 · Court of Appeals for the Fifth Circuit · Dec 28, 1994

The approved Plan clearly gives the Liquidating Trustee the power to assert avoidance actions. … Furthermore, the Liquidating Trustee qualifies as a representative of the estate because the proceeds obtained from its actions benefit the unsecured creditors.