Case law

United States v. Nathan George Dinitz

538 F.2d 1214 · Court of Appeals for the Fifth Circuit · Sep 20, 1976

Evans merely attempted to establish standards applicable to a pretrial motion to appear pro hac vice. … Clearly, the district judge did not abuse his discretion in precluding the inquiry.

Badon v. R J R Nabisco Inc.

224 F.3d 382 · Court of Appeals for the Fifth Circuit · Aug 16, 2000

It is not entirely evident to us that Media clearly resolves the issue. … The maker of Media’s vehicle is a foreign [German] corporation, not qualified to do business in the United States.

Rowan Ct Subdivision 2013 L.P. v. Louisiana Housin

Court of Appeals for the Fifth Circuit · Aug 31, 2018

Procedure Act’s waiver of sovereign immunity. … . 6 Rowan Court does not attempt to show on appeal that Louisiana waived immunity for suits against the LHC or its officers, or that Congress has abrogated that immunity.

Etienne v. Spanish Lake Truck & Casino Plaza, LLC

778 F.3d 473 · Court of Appeals for the Fifth Circuit · Feb 2, 2015

Moreover, they do so “clearly and explicitly.” Thus, under Jones, Terradot’s comments are “by definition direct evidence of discrimination.” Id. … Spanish Lake contends that it did not hire Etienne because the person it hired was more qualified than Etienne.

Michael Edwin Schneider v. James A. Lynaugh, Director, Texas Department of Corrections

835 F.2d 570 · Court of Appeals for the Fifth Circuit · Jan 12, 1988

At his trial, he attempted to establish a defense of “extreme emotional disturbance,” relying on several reports from psychologists concerning his mental condition. … Although they were not formally qualified as experts under Rule 702 of the Federal Rules of Evidence, their backgrounds comported with the spirit of that rule, which permits a witness to be qualified as an expert by “knowledge

Thacker v. Dretke

396 F.3d 607 · Court of Appeals for the Fifth Circuit · Jan 5, 2005

act clearly dangerous to human life . . .” State, 830 S.W.2d 584, 586-87 (Tex. Crim. sufficient to convict the defendant of capital App. 1992). … Though Thacker contends that his inability to raise this conclusion might be arguable, it certainly this issue violates his constitutional rights does not qualify as such an unreasonable ap-

United States v. Roy W. Charroux and Harry J. James

3 F.3d 827 · Court of Appeals for the Fifth Circuit · Sep 23, 1993

“It is not necessary that the evidence exclude every rational hypothesis of innocence or be wholly inconsistent with every conclusion except guilt, provided a reasonable trier of fact could find the evidence establishes guilt … James and Charroux contend that the government failed to prove willfulness 6 because they relied on the advice of hired tax professionals in filing their tax returns. 7 “[Rjelianee on a qualified tax preparer is an affirmative

Theresa Caldwell v. University of Houston System

520 F. App'x 289 · Court of Appeals for the Fifth Circuit · Apr 5, 2013

Caldwell argues that she was clearly more qualified than Commissariat, who was selected for the College of Pharmacy Business Administrator position. … To show that she was clearly more qualified and to raise a fact question as to whether discrimination was a factor in the University’s hiring decision, Caldwell “must present evidence from which a jury could conclude that

United States v. Michael A. Kelly

556 F.2d 257 · Court of Appeals for the Fifth Circuit · Aug 22, 1977

During the course of trial, the case against Wade was dismissed because it was based on a statement by him taken under an implied grant of use immunity. The case against Kelly continued. … There also appear to have been other vague allegations of irregularities, none of which was clearly stated.

Billy Canipe v. National Loss Control Service Corporation

736 F.2d 1055 · Court of Appeals for the Fifth Circuit · Aug 24, 1984

First, the depositions of the two inspectors who conducted the September 1979 survey indicate clearly that they examined the two flake roll machines the plaintiff operated. … That decision establishes only that an employer cannot avoid liability by delegating its duty to another party; it does not create an immunity for other parties who contract to provide safety services. 11 .

Weems v. Touro Infirmary

Court of Appeals for the Fifth Circuit · Apr 30, 2007

In the context of diversity jurisdiction, once a person establishes his domicile in a particular state, he simultaneously establishes his citizenship in the same state. Stine v. … We do not find the district court’s findings of fact clearly erroneous. c.

In the Matter Of: Constance P. Mercer, Debtor. At&t Universal Card Services v. Constance P. Mercer

211 F.3d 214 · Court of Appeals for the Fifth Circuit · Apr 26, 2000

Thus, Mercer clearly made representations of her intent to repay when she used the credit card to obtain cash advances. … The Supreme Court has held that, for a debt to qualify for the exception to discharge under section 523(a)(2), the creditor must prove that he actually and justifiably relied on knowingly false representations made by the

Moreau v. Klevenhagen

Court of Appeals for the Fifth Circuit · May 20, 1992

One letter concerns incentive payments made to employees following the completion of educational or career development programs and is clearly not applicable to the instant case. … To establish that its members actually incurred damages, the Union must show that one or more deputies (1) trained on their own time to meet both semi-annual qualification requirements during a year, and (2) received no

Orellana v. Zellar

119 F. App'x 693 · Court of Appeals for the Fifth Circuit · Jan 26, 2005

The district court did not err in its summary-judgment, qualified-immunity determination that Orellana had not established the violation of a clearly established constitutional right on * Pursuant to 5TH CIR

Neal v. Puckett

264 F.3d 1149 · Court of Appeals for the Fifth Circuit · Apr 24, 2002

In this case, the “clearly established Federal law” is the Supreme Court’s decision in Strickland v. … As the Supreme Court noted recently, It is past question that the rule set forth in Strickland qualifies as “clearly established Federal law, as determined by the Supreme Court of the United States.”

American Petroleum Institute v. Environmental Protection Agency

661 F.2d 340 · Court of Appeals for the Fifth Circuit · Nov 13, 1981

EPA would apply these standards uniformly to all'sources unless they qualified for a variance under BPT regulations. 12 Section 304(b)(1)(B) specifies a range of factors which the Administrator must take into account in establishing … This subcategory was established in recognition of the fact that oil drilling and production operations existed on platforms inside the territorial seas which would not qualify for inclusion in either the far offshore or

United States v. Garza

448 F.3d 294 · Court of Appeals for the Fifth Circuit · Apr 26, 2006

However, the district court rejected the defense’s argument, finding that the pretrial order clearly provided for reciprocal discovery. … conviction) 14 543 U.S. 220, 125 S.Ct. 738 (2005). 15 125 S.Ct. at 755. 14 which is necessary to support a sentence exceeding the maximum authorized by the facts established

United States v. Sipe

388 F.3d 471 · Court of Appeals for the Fifth Circuit · Oct 18, 2004

This instruction comports with clearly established law in this circuit regarding use of excessive force under § 242. See Bazan v. … Hidalgo Co., 246 F.3d 481, 487 (5th Cir.2001) ("It is clearly established law in this circuit that in order to state a claim for excessive force in violation of the Constitution, a plaintiff must allege (1) an injury, which

Grand Isle Shipyard Inc. v. SEACOR MARINE, LLC.

589 F.3d 778 · Court of Appeals for the Fifth Circuit · Sep 22, 2008

Based on Demette, it is apparent that the SEA HORSE IV does not qualify as an OCSLA situs within the meaning of § 1333(a)(1).2 That is, the vessel does not qualify as either “the subsoil and seabed of the [OCS],” an “artificial … This case is thus clearly distinguishable from those decisions, and the district court erred in interpreting them as supporting OCSLA’s applicability in this case.

Spartus Corp. v. The S/S Yafo

590 F.2d 1310 · Court of Appeals for the Fifth Circuit · Mar 7, 1979

All recognized the need for international uniformity in ocean bills of lading, particularly the establishment of an irreducible minimum of immunity of the carrier. … On this record, we- cannot say that the district judge was clearly erroneous in concluding that Zim did not establish, by a preponderance of the evidence, that the clock movements were delivered to the railroad in good condition