Case law

World Tanker Carriers Corp. v. MV Ya Mawlaya

99 F.3d 717 · Court of Appeals for the Fifth Circuit · Nov 14, 1996

The use of the word "any" to qualify "federal law" strongly suggests that the Advisory Committee intended Rule 4(k)(2) to reach not just federal question cases under § 1331 but all claims arising under substantive federal … Sakura Reefer et al. points out, had the Advisory Committee meant to limit the scope of Rule 4(k)(2) to federal quest ion claims, it clearly could have done so. No. 95-2846, 1996 WL 374154, at *4 (S.D.N.Y.

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 Airlines, Inc. v. Allied Pilots Association v. Neal D. Mollen, Donald Havermann, and Clay Humphries

968 F.2d 523 · Court of Appeals for the Fifth Circuit · Aug 17, 1992

Haver-mann and Mollen dispute that the evidence establishes any of these elements. … These acts and omissions clearly took place in the presence of the court and satisfy the second element.

United States v. Warren Dailey

868 F.3d 322 · Court of Appeals for the Fifth Circuit · Aug 17, 2017

The evidence at trial was sufficient to establish this first requirement. … This requirement was clearly satisfied: the evidence showed that Dailey withheld signed Form 485s until he received his monthly check from Chudy. IV.

W.L. Harris v. United States

19 F.3d 1090 · Court of Appeals for the Fifth Circuit · May 4, 1994

Moreover, as the district court concluded, evidence presented at trial “clearly indicates a wealth of institutional knowledge *1099 available to the agency participants, and upon which they drew[ ] in making the delineations … Oregon Natural Resources Council, 490 U.S. 360, 378 , 109 S.Ct. 1851, 1861 , 104 L.Ed.2d 377 (1989) (“When specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified

State of Mississippi, Office of the Governor Division of Medicaid v. Louis W. Sullivan, Secretary of U.S. Department of Health and Human Services

951 F.2d 80 · Court of Appeals for the Fifth Circuit · Jan 17, 1992

These persons satisfy all eligibility requirements of the categorically needy, except they have too many financial resources to qualify as categorically needy. … A state may establish its own eligibility criteria, or it may provide Medicaid to all persons eligible for SSI.

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.

Shelak v. White Motor Co.

581 F.2d 1155 · Court of Appeals for the Fifth Circuit · Oct 10, 1978

It must be assumed that plaintiff’s counsel had applied himself diligently to his client’s cause for almost two years and was yet unable to find, until the jury selection day, any qualified physician of the medical opinion … This argument clearly is without support in the law. The Texas courts have adopted § 402A of the Second Restatement of Torts. McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Tex.1967).

United States v. McElwee

646 F.3d 328 · Court of Appeals for the Fifth Circuit · Jul 12, 2011

The Guidelines provide that a fine shall be imposed “in all cases,” except where the defendant establishes an inability to pay. The burden of establishing an inability to pay is on the defendant. United States v. … Chriss bears the burden of establishing that she is entitled to the adjustment.

United States v. Christopher Landreneau

967 F.3d 443 · Court of Appeals for the Fifth Circuit · Jul 22, 2020

The burden of establishing a “fair and just reason” for withdrawing a guilty plea remains at all times with the defendant. United States v. … Findings of fact for sentencing purposes need only be established by a preponderance of the evidence. United States v. Hebert, 813 F.3d 551, 560 (5th Cir. 2015).

Sport Supply Group, Inc. v. Columbia Casualty Co.

335 F.3d 453 · Court of Appeals for the Fifth Circuit · Jul 7, 2003

The Macgregor label would not, by itself, appear to serve as a “marketing device[] designed to induce the public to patronize” establishments with Macgregor products. … See, e.g., First State Bank, 851 S.W.2d at 922 (describing the Texas Supreme Court’s definition of “advertising” as “very broad” and concluding that “the term clearly includes the posting of notices in public places”).

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 .

United States v. Ramsey

353 F.2d 650 · Court of Appeals for the Fifth Circuit · Nov 12, 1965

The answer to that question must clearly be ‘yes.’ To this extent, our original judgment is modified. … This is carried forward in Par. 5 outlining the § 1971(e) voting referee appeal procedure: “The Court or such referee shall register or order the registration of all such applicants who meet the standards established by the

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

Coble v. Dretke

417 F.3d 508 · Court of Appeals for the Fifth Circuit · Jul 18, 2005

A state court decision is “contrary to ... clearly established Federal law, as determined by the Supreme Court” if: (1) “the state court applies a rule that contradicts the governing law set forth in [the Supreme Court’s] … A state court’s incorrect application of clearly established Supreme Court precedent is not enough to warrant federal habeas relief; in addition, such an application must also be unreasonable.

Martin v. Medtronic, Inc.

254 F.3d 573 · Court of Appeals for the Fifth Circuit · Jun 18, 2001

Qualified experts review each application and prepare a report and recommendation. The FDA then has six months to accept or reject the application. See 21 U.S.C. § 360e; Stamps v. … Although not part of the holding of Lohr, a majority of the justices in Lohr clearly agreed with this proposition.

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.

State of Texas and Texas Department of Human Resources v. United States of America and U.S. Department of Agriculture

951 F.2d 645 · Court of Appeals for the Fifth Circuit · Jan 28, 1992

Postal Service employees stealing food stamps that had been mailed by the Texas Department of Human Services to qualified households. These losses are referred to as mail issuance losses. … The FNS adopted regulations establishing a tolerance level of .05% above which the participating state is held strictly liable for mail issuance losses.

Vincent v. Suni-Citrus Products Co. Food Processes, Inc. v. Minute Maid Corp. Dan B. Vincent, Inc. v. Minute Maid Corp

215 F.2d 305 · Court of Appeals for the Fifth Circuit · Nov 4, 1954

They insist too that the defense of laches is established as matter of fact and law and that the record fully supports the court’s finding with respect to Suni-Citrus’ intervening rights. … application, and because of his stated apprehension that 944 might be attacked as anticipated by Neal, 12 he secured issuance of his 865 reissue patent mainly on the basis of the additional descriptive phrase “minutes-stable” as qualifying

National Labor Relations Board v. Robbins Tire & Rubber Co.

161 F.2d 798 · Court of Appeals for the Fifth Circuit · May 21, 1947

Co2igress does not seem to have kept the distinction as to what is judicial power and what is administrative power very clearly in-mind. … approximately a dozen employee witnesses, was an irresponsible, incorrigible worry-wart, but who, to the Examiner and the Board, was a member of the Union and privileged to be all that these employees considered him to he, yet immune