Case law

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

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.

City of Waco, Texas v. James Dean Bridges, James Dean Bridges, Percy Garcia and U.S.A.

710 F.2d 220 · Court of Appeals for the Fifth Circuit · Sep 16, 1983

Property seized by an officer employed by the state would qualify under art. 18.17 and would ultimately inure to the benefit of the county. … The burden of establishing exceptional circumstances clearly rests on the party asserting the new issue. In this case, the United States has not met its burden.

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.

Koerner v. Colonial Bank

800 F.2d 1358 · Court of Appeals for the Fifth Circuit · Sep 24, 1986

This court is clearly vested with jurisdiction over the district court order dismissing Koerner’s appeal from the bankruptcy court’s decision to deny his motion for reconsideration or for a new trial under 28 U.S.C. § 158 … Section 201 of the 1978 Act established a “United States Bankruptcy Court” in each judicial district “as an adjunct to the district court for such district.”

U.S. v. Central Gulf Lines, Inc.

Court of Appeals for the Fifth Circuit · Oct 5, 1992

Once a prima facie case is established, a party may rebut the presumption by relying on § 1304(2)(q). … Therefore, the government established a prima facie case of cargo loss or damage.

Irby J. Robertson, Sr. v. Douglas Steamship Company

510 F.2d 829 · Court of Appeals for the Fifth Circuit · Jun 17, 1975

There is always some degree of uncertainty when a litigant seeks to establish causation by expert testimony. … If a qualified witness gives it as his opinion that the causal relation did exist or probably did exist, there is not much question about the legal sufficiency of the testimony.

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

Kevan Brumfield v. Burl Cain, Warden

Court of Appeals for the Fifth Circuit · Feb 10, 2016

A magistrate judge recommended that, although the state court’s refusal to grant an Atkins hearing was “reasonable and in accordance with clearly established federal law,” the district court should consider the additional … established federal law.

Smith v. Blue

Court of Appeals for the Fifth Circuit · Apr 22, 2002

Byron Blue The district court granted Blue’s motion for summary judgment on qualified immunity grounds. … To determine whether a government official is entitled to qualified immunity, we determine, “(1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant

Bird v. Stein

258 F.2d 168 · Court of Appeals for the Fifth Circuit · Jun 30, 1958

We certainly cannot say it was clearly erroneous for the Court not to find that appellants established a resulting trust. IV. … On the record we cannot say that those findings are clearly erroneous. VII.

In the Matter of Samuels & Co., Inc., Bankrupt. Curtis R. Stowers v. James S. Mahon, Trustee, and C. I. T. Corporation

483 F.2d 557 · Court of Appeals for the Fifth Circuit · Oct 31, 1973

to the plaintiffs. 34 The opinion of the trial court and cases cited reflect that earnest arguments have been presented on behalf of the livestock market agencies to the effect that the law governing their liability or immunity … or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement. (4) The express terms of an agreement and an applicable course of dealing

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

Waste Control Specialists, LLC v. Envirocare of Texas, Inc.

199 F.3d 781 · Court of Appeals for the Fifth Circuit · Jan 18, 2000

Additionally, Envirocare raised the Noerr-Pennington affirmative defense, i.e., that these activities were immune from suit because efforts to influence public officials cannot violate antitrust laws. … Although not expressly saying so, the district court’s order clearly hinted that WCS’s only possible claim was a federal one.

Chen v. City of Houston

206 F.3d 502 · Court of Appeals for the Fifth Circuit · Mar 9, 2000

It also establishes an intention on the part of the City to establish minority-majority districts. … The protection of the Fourteenth Amendment’s Privileges And Immunities Clause, which has been said to embrace “the right to vote for national officers,” Twining v.

Texas Democratic Party v. Ruth Hughs

Court of Appeals for the Fifth Circuit · Nov 4, 2020

Our case law, however, has not conclusively established the bounds of the “some connection” requirement, with some panels finding some connection between the Secretary and a challenged provision and others concluding … the opposite. 2 Because this is an issue that warrants fuller consideration by a merits panel, we cannot at this point say Plaintiffs’ argument that the Secretary has the requisite connection to § 85.064 is “clearly

United States v. Dorothy R. Garber

607 F.2d 92 · Court of Appeals for the Fifth Circuit · Nov 19, 1979

However, the court did permit the government to introduce testimony by an Internal Revenue Service agent who qualified as an expert in the field of accounting and taxation. … The evidence clearly established that the underreporting was intentional.

Day v. Quarterman

566 F.3d 527 · Court of Appeals for the Fifth Circuit · Apr 27, 2009

The prosecution presented the testimony of five doctors, each qualified as experts. … A state court unreasonably applies clearly established federal law if it identifies the correct governing principle but unreasonably applies that principle to the facts of the case. Brown v.

Louisiana Crawfish Producers Ass'n-West v. Rowan

463 F.3d 352 · Court of Appeals for the Fifth Circuit · Aug 29, 2006

The agency, and not the court, has the discretion to choose from among sources of evidence, and an agency may rely on its own experts, so long as they are qualified and express a reasonable opinion. … (6) The degree to which the action may establish a precedent for future actions with significant effects or represents a decision in principle about a future consideration.

Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

623 F.2d 929 · Court of Appeals for the Fifth Circuit · Aug 11, 1980

Although there is no evidence in the record establishing that Adams ever injured or threatened to injure Jurek, there clearly was concern that he might do so. … As the Supreme Court established in Johnson v.