Case law

Port Arthur Cmty Actn Netwk v. TCEQ

Court of Appeals for the Fifth Circuit · Aug 12, 2025

That was sufficient for the company to establish a prima facie case that the draft permit satisfied applicable legal requirements. Tex. Gov’t Code § 2003.047(i- 1). … Code § 116.10(1); see also Approval and Promulgation of Implementation Plans; Texas; Revisions to the General Definitions for Texas New Source Review and the Minor New Source Review Qualified Facilities Program, 81 Fed.

Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. Huttinger

901 F.2d 404 · Court of Appeals for the Fifth Circuit · Apr 27, 1990

But in our case the issue is not if a plan has been established, as in Dillingham , (because it is undisputed that an ERISA-covered plan was eventually established), but rather when the plan was established, taking into consideration … Because he retired at the appropriate time, Huttinger qualified for pension benefits.

United States v. John Louis Crane

445 F.2d 509 · Court of Appeals for the Fifth Circuit · Aug 6, 1971

We would agree that movant’s evidence established (1) and (2). We are doubtful as to (3), but positive that (4) was not established. The district court correctly found that the failure of Mr. … Since the issuance of a warrant was effectively established, the burden of establishing that the search was illegal was on movant-defendant. Rogers v. United States, 5th Cir. 1964, 330 F.2d 535 ; Batten v.

Newsom v. Reliance Stnrd Life Ins

Court of Appeals for the Fifth Circuit · Feb 18, 2022

as a full-time active employee and thus did not qualify for benefit coverage. … Accordingly, we will not set aside the district court’s factual findings unless they are clearly erroneous. Fed. R. Civ.

United States v. Carlos Fuentes-Canales

902 F.3d 468 · Court of Appeals for the Fifth Circuit · Aug 30, 2018

It is now plain in light of Herrold that the Fuentes-Canales’s conviction for burglary does not qualify for purposes of § 2L1.2(b)(1)(A)(ii)’s 16-level enhancement. … four prongs [of plain-error review] is difficult, ‘as it should be.’” 22 A The first and second prongs of plain-error review are satisfied because the district court clearly

Commissioner of Internal Revenue v. John David Hawn and Bette Hawn

231 F.2d 340 · Court of Appeals for the Fifth Circuit · Apr 25, 1956

Having determined that the oil payments were a species of property, i. e., an interest in realty, the Tax Court concluded that it would automatically follow that a transfer of such property would qualify it as a “sale or … Deciding, as we do, that not every transfer of oil payments, even for a valuable consideration, amounts to a sale of capital assets under § 117, it becomes necessary for us to determine whether, under the established principles

Peavey Co. v. M/V ANPA

971 F.2d 1168 · Court of Appeals for the Fifth Circuit · Sep 10, 1992

Our review of the record convinces us, however, that David Deluca is in no way qualified to testify on whether Zurich was prejudiced by the absence of a "qualified" electrical engineering expert. … Riemer is a licensed marine engineer, and Barton is a qualified marine electrician.

Morrison Flying Service v. Deming National Bank

404 F.2d 856 · Court of Appeals for the Fifth Circuit · May 17, 1968

Anderson, 10 Cir., 352 F.2d 755 , established the proposition that an action to establish a constructive trust on a specific piece of property comes within section 1655. … Such an agreement, as sustained by the proof, would clearly create an interest in the land, subject to protection by a local action.

Loebers v. Bay Tankers

924 F.2d 1340 · Court of Appeals for the Fifth Circuit · Mar 6, 1991

Because the REGULUS was a vessel on navigable water and allegedly caused the injuries to the plaintiffs while they were on an adjacent dock, the AEA clearly applies. See Turner Terminals, Inc. v. … In contrast, waiver of sovereign immunity is not an issue in the Loebers' action, their claims against the United States having been dismissed.

Wilson v. Centene Mgmt

Court of Appeals for the Fifth Circuit · Jul 17, 2025

Because the Plaintiffs’ “damages model [wa]s based solely on this invalid theory,” Superior asserted the Plaintiffs failed to establish the concrete injury-in-fact required to establish Article III standing. … The Plaintiffs clearly provided evidence of injury- in-fact, including affidavits from the named Plaintiffs, the disputed contract, and most importantly, their expert report (a report which the district court deemed admissible

Amanda Beech v. Hercules Drilling Co., L.L.C.

691 F.3d 566 · Court of Appeals for the Fifth Circuit · Aug 15, 2012

Id.2 We explained that the course of employment issue “must be analyzed within the framework of established agency principles.” Id. at 1199-1200. … Fleshing out that standard, the court explained that “regardless of how individual courts have stated the tests, in order for an activity to qualify as being within the scope of employment, it must be a necessary incident

Josh Norris v. Garry Causey

869 F.3d 360 · Court of Appeals for the Fifth Circuit · Aug 22, 2017

As the Rule 60(b)(4) motions were timely, we consider whether they established one of the rare defects that renders a judgment void. United Student Aid Funds, Inc. v. … Karry fails to show this finding is clearly erroneous.

United States v. Puckett

505 F.3d 377 · Court of Appeals for the Fifth Circuit · Oct 23, 2007

As part of the plea agreement, the government stipulated that Puckett accepted responsibility for his crimes and thus qualified for a three-level reduction in his offense level. … The controlling standard for forfeited error in criminal cases was articulated clearly in Calverley, and we are bound by that en banc decision. 3.

Rodriguez v. Coleman

Court of Appeals for the Fifth Circuit · Jul 25, 1996

Rodriguez contends that the district court erred in concluding that the defendants were entitled to qualified immunity. … We conclude that the district court was not clearly erroneous in finding that the defendants were entitled to qualified immunity because they were not deliberately indifferent to Rodriguez’s safety.

Mbank Alamo National Ass'n v. Raytheon Co.

886 F.2d 1449 · Court of Appeals for the Fifth Circuit · Oct 31, 1989

As a threshold matter, Raytheon must establish that it meets the statutory definition of a PMSI. … Under the doctrine of nonretroactivity a court deciding a question of first impression, in a manner that was not clearly foreshadowed, makes the ruling inapplicable to the parties before it. See Chevron Oil Co. v.

United States v. Sam C. Martino, Joseph C. Russello and Rolando Gonzalez Rodriguez, Defendants- United States of America v. John Alan Holt, Rosario Palermo, William H. Brown, A/K/A Bill, John D. Fisher, Robert D. Young, Joseph MacAluso A/K/A Joe, Frank Scionti, John Nicholas Lostracco, Sam C. Martino, Paul Guarino, Jimmy Farina, Berton B. Chase, A/K/A Bert, Rolando Gonzalez Rodriguez, A/K/A Roland Rodriguez, Joseph D. Lazzara, A/K/A Joe, Joseph C. Russello, A/K/A Joe and Amalia Morgado, Defendants- United States of America v. Sam C. Martino

648 F.2d 367 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

The evidence establishes that Lostracco committed only one predicate act. … The evidence does not establish withdrawal by Farina.

Douglas Feldman v. Rick Thaler, Director

695 F.3d 372 · Court of Appeals for the Fifth Circuit · Sep 14, 2012

Under § 2254(d), the district court could not grant habeas relief unless the CCA’s adjudication (1) “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law … Matthews, 132 S.Ct. 2148, 2155 (2012) (“[C]ircuit precedent does not constitute clearly established law as determined by the Supreme Court”) (internal quotation marks omitted). 68 Indeed, and though we need

Joseph S. Dazzio v. Federal Deposit Insurance Corporation

970 F.2d 71 · Court of Appeals for the Fifth Circuit · Sep 1, 1992

Rather, Dazzio benefitted from the lower interest rate because his company was able to qualify for the low-interest housing bonds that were purchased by the Bank. … The Second AU evidently was not familiar with the record established at the hearing before the First AU, where the testimony clearly reflects that these assets had been liquidated to partially pay the loan that had been the

Xitronix Corporation v. KLA-Tencor Corporation

916 F.3d 429 · Court of Appeals for the Fifth Circuit · Feb 15, 2019

In Nobelpharma, a Walker Process case, the en banc Federal Circuit said that “[w]hether conduct in the prosecution of a patent is sufficient to strip a patentee of its immunity from the antitrust laws is one of those issues … that clearly involves our exclusive jurisdiction over patent cases.” 141 F.3d at 1067.

Wenche Siemer v. Learjet Acquisition Corp.

Court of Appeals for the Fifth Circuit · Jul 17, 1992

The first two items clearly reflect a much more tenuous jurisdictional connection to Texas by Learjet. … The Ratliff defendant, who had not only qualified to do business and appointed an agent for service of process, but maintained five salesmen in the forum, clearly presents a much greater presence than any Learjet might