Case law

Federal Deposit Insurance v. Claycomb

945 F.2d 853 · Court of Appeals for the Fifth Circuit · Oct 23, 1991

Having failed to establish one of the essential elements of joint venture/partnership as a matter of law, SHWC cannot establish any recognizable legal defense in regard to partnership or joint venture. 19 For all of the foregoing … 787 S.W.2d 475, 492 (Tex.App.1990) [agreeing with the FSLIC’s arguments and recognizing other courts, which have drawn on the policy reasons articulated in D’Oench to fashion a federal common law rule granting a receiver immunity

Rodolfo Sanchez v. Art Acevedo

774 F.3d 873 · Court of Appeals for the Fifth Circuit · Dec 18, 2014

The City clearly subjected Plaintiffs to the policy.” Sanchez v. City of Austin, No. 1:11-cv-00993-LY, slip op. at 2 (W.D. Tex. Feb. 4, 2013), ECF No. 81 [hereinafter Post-Trial Order]. … Apr. 9, 2013), where the district court again denied fees, finding three special circumstances: the defendant’s qualified immunity, the absence of a policy or custom of discrimination by the defendants, and “the limited nature

United States v. Stephen Roderick McRae

593 F.2d 700 · Court of Appeals for the Fifth Circuit · Apr 23, 1979

But the essential vice of Mann occurs only when both occur in conjunction, when the jury are advised, first, that the law presumes 4 one intends the natural 5 consequences of his knowing acts, qualified by (second) the notion … This passing comment, if error, was clearly not reversible. Of an entirely different character, however, is the comment of the other prosecutor, Mr.

Birmingham Business College, Inc. v. Commissioner Of Internal Revenue

276 F.2d 476 · Court of Appeals for the Fifth Circuit · Apr 4, 1960

BROWN, Circuit Judge. 1 The principal question is whether Birmingham Business College (BBC) qualifies as a tax exempt entity under 101(6), 26 U.S.C.A. 101. The Tax Court held it was not. … The school was established as a corporation under a form which sought carefully to preserve an equality among the stockholders.

Knox v. Johnson

224 F.3d 470 · Court of Appeals for the Fifth Circuit · Aug 22, 2000

As the Supreme Court has recently explained, a decision is contrary to clearly established Federal law “if the state court arrives at a conclusion opposite to that reached [by the Supreme Court] on a question of law or … And while neither Barker nor the Constitution itself defines when a delay becomes presumptively unreasonable, we have held that “[a] delay of less than one year will rarely qualify as ‘presumptively

Covington Marine Corp. v. Xiamen Shipbuilding Industry Co.

504 F. App'x 298 · Court of Appeals for the Fifth Circuit · Dec 21, 2012

The evidence the district court discussed clearly is insufficient to establish the control necessary to establish an alter ego relationship. See Kalamazoo Spice Extraction Co. v. … Likewise, the district court correctly dismissed the PRC for lack of subject matter jurisdiction on sovereign immunity grounds See 28 U.S.C. § 1604 (“a foreign state shall be immune from the jurisdiction of the courts of

Bacas v. Harvey

270 F. App'x 329 · Court of Appeals for the Fifth Circuit · Mar 19, 2008

To establish a prima facie case for discrimination, Bacas must show that (1) he is a member of a protected class; (2) he suffered an adverse employment decision; (3) he was qualified for the position sought or held; and ( … To prove those reasons were pretextual, as Bacas contends, he must show that he was clearly better qualified.8 Bacas asserts that he was clearly better qualified because he had a bachelor’s and a master’s degree while Snodgrass

J. L. Leflore v. James Robinson

434 F.2d 933 · Court of Appeals for the Fifth Circuit · Nov 12, 1970

Legislative policy is here expressed in a clear-cut prohibition qualified only by specifically defined exceptions.’ Amalgamated Clothing Workers v. … Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

United States v. Milton Eugene Robins

978 F.2d 881 · Court of Appeals for the Fifth Circuit · Jan 5, 1993

The findings and computations of the district court were not clearly erroneous or unreliable. The district court did not err in setting Robins' base offense level at 38. 54 2. … Robins' residence. 2 62 A nexus between the place to be searched and the items to be seized may be established through direct observation or through normal inferences.

Gorsalitz v. Olin Mathieson Chemical Corp.

429 F.2d 1033 · Court of Appeals for the Fifth Circuit · Jun 17, 1970

Olin further answered the .interrogatories : “There are no employees working for Olin Mathieson Chemical Corporation qualified to make the repairs contracted out to General Electric and'this is for the reason that it is more … It is agreed that the burden of proof to establish the affirmative of Interrogatory Number 5 is upon the defendant, Olin Mathieson Chemical Corporation.

Electric Reliability Council of Texas, Inc. v. May (In Re Texas Commercial Energy)

607 F.3d 153 · Court of Appeals for the Fifth Circuit · May 13, 2010

A letter of credit is properly payable upon presentation of specific documents so long as those specific documents precisely conform to conditions established in the contract between applicant and issuer. TEX . … If TCE/May intended to restrict ERCOT’s LOC to specific debts, they should have written the documents more carefully. 4 The bankruptcy and district courts did not clearly identify May’s cause of action.

Jefferson v. Certain Underwriters at Lloyd's London

658 F. App'x 738 · Court of Appeals for the Fifth Circuit · Aug 25, 2016

The plaintiffs argue otherwise, relying on the venerable rule that “the jurisdiction of the court depends upon the state of things at the time of the action brought.” 15 This rule clearly applies, for example, to a party’ … Because the citizenship of Lloyd’s is not clearly established by the record, we vacate the district court’s remand order and remand to the district court for further proceedings to determine whether it has diversity jurisdiction

Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.

175 F.2d 513 · Court of Appeals for the Fifth Circuit · May 30, 1949

and exhibits, when the jurisdictional facts were clearly in dispute. … The rule shows clearly on its face that it is not applicable to the instant proceeding.

Allan Kramer v. Federal National Mortgage Assn, et

540 F. App'x 319 · Court of Appeals for the Fifth Circuit · Sep 19, 2013

The panel in Martins clearly held that the Texas Property Code allows a party who has been assigned the deed of trust by MERS to foreclose, regardless of whether that party also holds the underlying note. … App. 2005) (recognizing this as an exception to an attorney’s qualified immunity to third parties for actions taken in connection with representing a client).

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. … While knowledge on the part of the defendant cannot be established merely by demonstrating that the defendant was negligent, careless, or foolish, knowledge can be inferred if the defendant deliberately blinded himself to

United States v. Cantu-Ramirez

669 F.3d 619 · Court of Appeals for the Fifth Circuit · Feb 6, 2012

The Supreme Court recently held that Section 3501(c) did not supplant the McNabb-Mallory rule, but rather modified the rule to “provide immunization to voluntary confessions given within six hours of a suspect’s arrest.” … For these reasons, we conclude that the district court did not clearly err in adopting the PSR’s drug quantity calculation. 2.

Sohyde Drilling & Marine Co. And Sohyde Drilling & Exploration Co., Whose Name Has Been Changed to Spade Drilling & Exploration Co. v. Coastal States Gas Producing Co., Defendant-3rd Party v. Sohyde Drilling & Marine Co. And Sohyde Drilling & Exploration Co. (Sohyde Drilling & Workovers, Inc.), Name Changed to Spade Drilling & Exploration Co. And Market Insurance Co., 3rd Party the Travelers Insurance Co., 3rd Party

644 F.2d 1132 · Court of Appeals for the Fifth Circuit · May 14, 1981

Although recovery for damages of this kind was seemingly barred under the established rule of maritime law enunciated in Robins Dry Dock & Repair Co. v. … Notwithstanding that two statutes contain substantially similar definitions of the term vessel, what may reasonably qualify as a "vessel" for the purpose of one statute might well thwart the purpose of the other statute.

Johnson v. Gambrinus Company

116 F.3d 1052 · Court of Appeals for the Fifth Circuit · Jun 2, 1997

Title I of the ADA provides that discrimination includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability . . . unless [the employer … Gambrinus argues that this finding is clearly erroneous because the glass barrier was not in place on July 8, 1993 when Johnson wanted to tour the brewery.

United States of America, Cross-Appellant v. Marsden W. Miller, Jr., and William C. Huls, Cross-Appellees

952 F.2d 866 · Court of Appeals for the Fifth Circuit · Jan 23, 1992

It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction. … And clearly, it was not duplicitous to include the stock sale language in count one.

Friends of the Earth v. Chevron Chemical Co

Court of Appeals for the Fifth Circuit · Dec 24, 1997

FOE has a clearly articulated and understandable membership structure. … , and easily establish its membership.