Case law

John Russell Thompson v. James A. Lynaugh, Interim Director, Texas Department of Corrections

821 F.2d 1054 · Court of Appeals for the Fifth Circuit · Jul 3, 1987

. *1057 The evidence established that, after some unsuccessful plea negotiations, the State had previously tried Thompson for the murder of Mrs. … But there is neither an allegation nor any evidence to indicate that she would have done so — or that, if she had, she would not have been afforded immunity. I.

Richard v. Hoechst Celanese Chemical Group, Inc.

355 F.3d 345 · Court of Appeals for the Fifth Circuit · Dec 19, 2003

However, as discussed below, Richard’s § 1983 claim is clearly untenable. … Section 1964(a) establishes that equitable remedies are available only to prevent ongoing and future conduct.

UMG Recordings v. Grande Comm

118 F.4th 697 · Court of Appeals for the Fifth Circuit · Oct 9, 2024

Section 512 thus balances the interests of copyright owners (who need the help of ISPs to stop mass infringements by subscribers of their networks) and ISPs (who are immunized from infringement claims seeking damages if they … Grande has therefore forfeited any argument that Plaintiffs failed to establish ownership over the works in suit, see Smith v. Sch.

Ewing Construction Co., Inc. v. Amerisure Insuranc

684 F.3d 512 · Court of Appeals for the Fifth Circuit · Jun 15, 2012

Unlike the duty to defend, which is determined by the eight corners rule, the duty to indemnify is determined by the facts actually established in the underlying lawsuit. D.R. Horton, 300 S.W.3d at 744. … The tort claim was dismissed on immunity grounds leaving only RTR’s breach of contract claim pending against Gilbert.

E. D. Hayden v. texas-u.s. Chemical Company

681 F.2d 1053 · Court of Appeals for the Fifth Circuit · Aug 6, 1982

Hayden’s post-trial brief more clearly set out his theories of the company’s liability under ERISA; the company continued to claim that Texas law alone could be applied. … A plan’s failure to qualify for that exemption renders inapplicable as well the more significant of the plan exemptions listed in § 514(b), 29 U.S.C. § 1144 (b): (2)(A) Except as provided in subparagraph (B), nothing in this

United States v. Carlos Becerra

977 F.3d 373 · Court of Appeals for the Fifth Circuit · Oct 6, 2020

Our existing 7 Case: 19-50447 Document: 00515592050 Page: 8 Date Filed: 10/06/2020 No. 19-50447 precedent clearly … establishes that bans on computer and Internet use imposed for long durations of time must be narrowly tailored in terms of their scope.

Frank Stoffels v. SBC Communications, Inc.

677 F.3d 720 · Court of Appeals for the Fifth Circuit · Apr 16, 2012

Rule 52(a)(6) provides that “[f]indings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court’s opportunity to judge … service outside the range of SBC services to qualify for the OOR concession.

Wyatt v. Smith

326 F. App'x 772 · Court of Appeals for the Fifth Circuit · May 13, 2009

The district court determined that the defendants, prison officers Lake Smith and George Payne, were entitled to qualified immunity. … He has failed to show that he met his burden to overcome the defense of qualified immunity. See Zarnow, 500 F.3d at 407. AFFIRMED. 3

Harold A. Boire Etc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Etc.

479 F.2d 778 · Court of Appeals for the Fifth Circuit · Jun 15, 1973

Thus, the legal questions are preserved for the forum that Congress has designated as best qualified to pass upon these matters. 14 B. … In the latter situation, section 7 rights are even more clearly at stake.

Skidmore v. Grueninger

506 F.2d 716 · Court of Appeals for the Fifth Circuit · Mar 31, 1975

Since it is established under part (b) that the Ohio barges must be lighted, we now turn to part (c) to determine the type, number and arrangement of lights required. … Absent evidence that she was qualified to operate the boat, she cannot be faulted with failure to do so if it were otherwise possible for her to assume the controls.

Time, Inc. v. Frank Manning

366 F.2d 690 · Court of Appeals for the Fifth Circuit · Nov 9, 1966

Manning alleges that without his permission Time, Inc., a New York corporation not qualified to do business in Louisiana and having no authorized agent or office in that state, published in Life Magazine photographs both … It is arguable that to establish proper venue under section 1391 (c), more “contacts,” and hence a lesser chance of inconvenience to the defendant, must be shown than is necessary to establish proper substituted service.

United States v. Thomas A. Warren, John L. Warren, Jr., Des. E. Schick and David Defina

578 F.2d 1058 · Court of Appeals for the Fifth Circuit · Aug 24, 1978

As such, it does not violate the precepts established in Bruton. 15 *1076 E. … The record clearly indicates that the defendants never as much as adumbrated that consent was lacking.

Mrs. Roger McMillan REEB, Plaintiff-Appellant, v. ECONOMIC OPPORTUNITY ATLANTA, INC., Defendant-Appellee

516 F.2d 924 · Court of Appeals for the Fifth Circuit · Aug 4, 1975

Reeb, for the first time, learned that the position of Director of Consumer Services had subsequently been refilled on November 10, 1969, by an allegedly less qualified male employee. … The cases in this circuit have not clearly characterized the time limitations contained in the Act. In Culpepper v.

United States v. Janice Demmitt

706 F.3d 665 · Court of Appeals for the Fifth Circuit · Feb 1, 2013

Demmitt informed Fry that Vargas was there to investigate “financial fraud,” thus qualifying Vargas’s investigation in a way Vargas had not done. In total, Fry defrauded over $700,000 from his clients. B. … —is insufficient to establish Fry’s affirmation on the stand at Demmitt’s trial. Cf.

Story v. Gravell

Court of Appeals for the Fifth Circuit · Sep 9, 2025

That same day, a magistrate determined that the affidavit established probable cause and issued the warrant. … immunity grounds.

Clarke v. Hegmann

Court of Appeals for the Fifth Circuit · Jan 15, 2003

His allegation further showing that the defendants’ conduct was not objectively reasonable under the clearly established law in effect at the time of the conduct in question. See Shipp v. … Clarke has sufficiently pleaded facts to overcome the defense of qualified immunity at this stage of the proceeding. Id. at 910; 2 Harris v.

Henry Lee Lucas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

132 F.3d 1069 · Court of Appeals for the Fifth Circuit · Jan 9, 1998

In this case, the record clearly indicates Lucas’s willingness to continue discussions with the authorities without benefit of counsel. … Lucas cannot point to an established constitutional principal that dictates this result.

United States v. Vargas

74 F.4th 673 · Court of Appeals for the Fifth Circuit · Jul 24, 2023

See, e.g., Winstead, 890 F.3d at 1092 (concluding the definition “clearly excludes inchoate offenses”). … That being said, Stinson and Kisor are clearly related.

Jim Vanderbilt v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

994 F.2d 189 · Court of Appeals for the Fifth Circuit · Jun 17, 1993

the same offense.” 24 Despite this use, the Supreme Court has repeatedly noted *195 that there is a better explanation for allowing retrial: It would be a high price indeed for society to pay were every accused granted immunity … Thus, the district court’s finding that this examination was clearly understood by all parties to be limited to the issues of sanity and competence is not clearly erroneOUS. 43 Finally, the state contends that the interpretation

United States v. Morris

Court of Appeals for the Fifth Circuit · Feb 16, 1995

Here, the evidence clearly establishes every defendant's participation in at least one conspiracy. … Malone first argues that the evidence clearly establishes that he was less involved than Costa, Willie Morris, and Owens.