Case law

Information Resources, Inc., a Corporation v. United States

996 F.2d 780 · Court of Appeals for the Fifth Circuit · Jul 30, 1993

Based on our review of the record, we cannot conclude that the district court clearly erred in finding that the IRS’s filing of tax liens did not cause Information Resources to lose the contract with Ward Petroleum. 2. … Cir.1986) (applying I.R.C. § 7430 to taxpayer’s action brought pursuant to I.R.C. § 7431). 5 “Reasonable litigation costs” includes reasonable attorney’s fees. 6 To recover reasonable litigation costs, the litigant must qualify

Tong v. Lumpkin

90 F.4th 857 · Court of Appeals for the Fifth Circuit · Jan 16, 2024

Stephens, 795 F.3d 484, 495 (5th Cir. 2015), which occurs when a court “bases its decision on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Perez v. … We review mixed questions of law and fact de novo “by independently applying the law to the facts found by the district court, as long as the district court’s factual determinations are not clearly erroneous.”

United States v. Wilbur G. Ward, Circuit Court Clerk and Registrar, George County, Mississippi

345 F.2d 857 · Court of Appeals for the Fifth Circuit · Jun 24, 1965

The court pointed out that the language of the statute clearly permits the United States to sue a state in a suit such as this, and that the Fifteenth Amendment gave Congress the power to so provide. … The court or such referee shall register all such applicants who meet the standards established in this order. “5.

Leland D. Payne and Wife, Zelma Payne v. Commissioner of Internal Revenue, Marion T. Key, of the Estate of J. T. Jenkins, Deceased, and Myrtle Jenkins v. Commissioner of Internal Revenue

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

any semi-annual fiscal period out of any funds representing earned or donated surplus or other excess cash funds (except the proceeds of secondary financing) after making provision for payment of operating expenses, the establishment … 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. 9 Taxpayers acquired the entire issue of second preferred common stock in exchange for land

Nettie Lou Dooly, of the Estate of B. A. Dooly, Deceased v. Thomas Payne

326 F.2d 941 · Court of Appeals for the Fifth Circuit · Jan 21, 1964

The factual differences between the Boyd and Emerson cases clearly show why the process was good in the one case and not in the other, and this is pointed out in the Emerson opinion. … Nothing has been shown to establish any agency relationship. Banker Brothers Company v.

Ronald Hines v. Jessica Quillivan

982 F.3d 266 · Court of Appeals for the Fifth Circuit · Dec 2, 2020

“A veterinarian-client-patient relationship may not be established solely by telephone or electronic means.” § 801.351(c). … The Vizaline court disagreed, holding that general licensing regulations are not automatically immune from First Amendment scrutiny. Id. at 934.

Mrs. Patsy Ruth White v. Dallas Independent School District

566 F.2d 906 · Court of Appeals for the Fifth Circuit · Jan 26, 1978

A state cannot qualify itself for deferral merely by designating an official to receive notice, for § 706(c) of Title VII sets up the test for determining when deferral is required. … state from the Equal Employment Opportunity Commission as provided for in Public Law 88-352, Title VII, Section 706(c); 78 Stat. 241 (42 U.S.C. § 2000e-5). 3 Senator Case, floor manager of Title VII, remarked in debate: "Clearly

United States v. Amelia Garcia and Teresa Aleman Briones

719 F.2d 99 · Court of Appeals for the Fifth Circuit · Oct 25, 1983

They very clearly told everybody — to one particular lady they said, “Look, you can go down to the welfare office and make an application, and if you are eligible for payments, you will be paid,” and that they said they were … , who was with the welfare office, that she did suggest, in response to an inquiry, to one of these voters that they had a right to go to the welfare office and apply for payment and that, if they were eligible and they qualified

Avdoyan v. Davis Water & Waste Industries, Inc.

589 F.2d 851 · Court of Appeals for the Fifth Circuit · Feb 15, 1979

“A lien is a qualified right or a proprietary interest, which may be exercised over the property of another. It is a right which the law gives to have a debt satisfied out of a particular thing.” City of Sanford v. … Davis clearly fits this definition. . National Steel Prod. Co. v. Donald L.

Hopwood v. Texas

84 F.3d 720 · Court of Appeals for the Fifth Circuit · Apr 4, 1996

This “injunction” is wholly unnecessary to the disposition of the matter appealed and thus is clearly dictum; yet dictum that is a frontal assault on contrary Supreme Court precedent and thus not the kind of dictum we can … Rather than following this universally recognized canon, adhering to our established rules, and applying Supreme Court precedent, the panel charted a path into terra incognita.

North Texas Producers Association v. Metzger Dairies, Inc.

348 F.2d 189 · Court of Appeals for the Fifth Circuit · Jul 16, 1965

It was there held that section 6 of the Clayton Act and section 1 of the Capper-Volstead Act did not immunize cooperative associations from the anti-monopolization provisions of section 2 of the Sherman Act. Mr. … The operation of these surplus milk plants seems clearly a legitimate marketing function.

United States v. Alexander

Court of Appeals for the Fifth Circuit · Jan 11, 2024

“A factual finding is not clearly erroneous if it is plausible in light of the record as a whole.” United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013) (citation omitted). … We disagree for three reasons: (1) Alexander failed to establish that the Government promised him immunity; (2) the Government’s offer of a plea agreement did not confer any immunity; and (3) even if the Government

Morales v. LA State

Court of Appeals for the Fifth Circuit · Oct 27, 1995

P. 12(b)(6) motion to dismiss based on qualified and/or absolute immunity, failure to state a legally cognizable claim, and limitations. … The denial of a claim of qualified immunity is similarly appealable, but only on the essentially legal question of whether the conduct of which the plaintiff complains violates clearly established law. Id.

Mcpherson v. Rankin

786 F.2d 1233 · Court of Appeals for the Fifth Circuit · Mar 19, 1986

If it is established that the speech in question is addressed to "matters of public concern," we are required to balance the first amendment interest in protecting the employee's freedom of expression against the government's … Thus, the result in Yoggerst was dictated by the central principle enunciated in Connick: the Constitution "does not require a grant of immunity for employee grievances not afforded by the First Amendment to those who do

U.S. Bank National Association v. Verizon Communic

Court of Appeals for the Fifth Circuit · Sep 2, 2014

Although Taylor was “qualified,” Hopkins was also qualified, 18 and he noted numerous errors in her methodology. The trial record also contained ample evidence with which to challenge Taylor’s methods and conclusions. … The court has wide discretion in determining whether an expert is qualified. Moore v. Ashland Chemical, Inc., 151 F.3d 269, 274 (5th Cir. 1998).

Robert M. Brittingham v. Commissioner of Internal Revenue, Dallas Ceramic Co. v. Commissioner of Internal Revenue, Jeanne C. Brittingham v. Commissioner of Internal Revenue, Juan R. Brittingham, Cross-Appellant v. Commissioner of Internal Revenue, Cross-Appellee

598 F.2d 1375 · Court of Appeals for the Fifth Circuit · Jul 23, 1979

owned all the stock of Ceramica, except for a few qualifying shares. … However, the evidence produced at the trial of this case clearly established that during the years 1963 through 1966, the Dal-Monte tile was far superior to Procesa tile in quality, availability, and reputation.

Simmons v. Epps

654 F.3d 526 · Court of Appeals for the Fifth Circuit · Aug 30, 2011

Additionally, we find that the trial court’s exclusion of a self-made videotape as mitigating evidence was not objectively unreasonable in light of the clearly established constitutional precedent. … Instead, we can only decide whether the exclusion of the videotape was an unreasonable determination in light of clearly established federal law.

TNT Crane & Rigging v. OSHC

74 F.4th 347 · Court of Appeals for the Fifth Circuit · Jul 19, 2023

TNT contends the ALJ correctly found that “[t]he facts presented at trial . . . clearly established that disassembly of the crane was about to begin, but had not actually started.” … The only measure section 13 mentions — designating a spotter — is in- sufficient, as it does not clearly establish “when a spotter is ‘necessary’ or otherwise required.” See id.

Viacom International, Inc. v. IJR Capital Investme

891 F.3d 178 · Court of Appeals for the Fifth Circuit · May 22, 2018

To establish a likelihood of confusion, Viacom must show “a probability of confusion, which is more than a mere possibility of confusion.” 57 Word association with Viacom’s The Krusty Krab is insufficient to establish a probable … Murillo’s word association, without more, does not establish bad faith at summary judgment.

Brinkley & West, Inc. v. Foremost Insurance Company

499 F.2d 928 · Court of Appeals for the Fifth Circuit · Aug 26, 1974

BROWN, Chief Judge: The history of this case exemplifies the precarious path that the federal courts must tread when they follow the *930 shifting tracks of the Erie Railroad. 1 In our original opinion 2 in this case the clearly … There the Louisiana Supreme Court found that a suit between two Louisiana domiciliaries, mother and son, arising from a Mississippi accident should not be barred by the Mississippi intrafamily immunity doctrine because the