Case law

Whitney Bank v. SMI Companies Global, Inc.

949 F.3d 196 · Court of Appeals for the Fifth Circuit · Feb 3, 2020

None of SMI’s claims to this effect are enforceable because they do not qualify as actions on a credit agreement under the LCAS. … We conclude that the magistrate judge’s finding that Whitney acted with actual malice was clearly erroneous.

United States v. Dennis

41 F.4th 732 · Court of Appeals for the Fifth Circuit · Jul 27, 2022

“[O]fficial intrusion into that private sphere generally qualifies as a search and requires a warrant supported by probable cause.” 12 However, a defendant cannot assert a privacy interest in information which he … Cuevas-Sanchez to argue that the fencing around his property established his privacy interest, but given that one can see through his fence and that the cameras captured what was open to public view from the street

Shell Oil Company v. Mills Oil Company, Inc., Citizens Bank of Byhalia, Ms., Dudley R. Moore, Jr. & John Mark Crain, D.D. Mills

717 F.2d 208 · Court of Appeals for the Fifth Circuit · Oct 17, 1983

I The record established the following facts without contradiction. D.D. … For Citizens Bank to qualify under § 75-2-403, it must have “purchased” the supplies “for value” and in “good faith.” Under the Uniform Commercial Code the term “purchaser” is defined to include a secured party.

Alvin Scott Loyd v. John P. Whitley, Warden, Louisiana State Penitentiary at Angola, Louisiana

977 F.2d 149 · Court of Appeals for the Fifth Circuit · Oct 29, 1992

Honor found Loyd to be “of a borderline psychotic nature [with] very clearly paranoid ideology and schizophrenic personality characteristics.” … And perhaps they would have found someone else more qualified and more competent enough to do it. I was hampered by lack of funds, by geographic distance, and by my lack of experience.” 16 .

Estate of Meade v. Commissioner

489 F.2d 161 · Court of Appeals for the Fifth Circuit · Feb 7, 1974

Since the open transaction event qualified for capital gain treatment, the amounts ultimately collected from the settlement do also. … The transactions there were clearly considered incomplete until the litigation to set a purchase price had concluded.

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

United States of America, Plaintiff-Appellee-Appellant v. One Boeing 707 Aircraft, Etc., Servotech International Establishment

750 F.2d 1280 · Court of Appeals for the Fifth Circuit · Jan 21, 1985

I In early 1981, Gary Howard, an arms broker acting as agent for Balotta Trading Establishment, a Liechtenstein corporation, was contacted by another arms broker, representing Servotech International Establishment (“Servotech … Each of the district court’s specific findings is supported by the record and therefore not clearly erroneous.

Ruth Miller v. Central Dispatch, Inc. And Director, Office of Workers' Compensation Programs, United States Department of Labor

673 F.2d 773 · Court of Appeals for the Fifth Circuit · Apr 22, 1982

“Clearly we must look to the purpose of the work, not solely to the particular skills used.” Trotti & Thompson v. Crawford, 631 F.2d at 1221 n.16. … Turner, 661 F.2d 1031 (5th Cir. 1981) (defining the nature of the burden of establishing job availability). 4 .

United States v. Jorge Rodriguez

711 F.3d 541 · Court of Appeals for the Fifth Circuit · Mar 15, 2013

Moreover, “[i]f the court finds an English case directly in point decided before 1607 (or, in some states, 1775), holding that the activity in question constituted a common law crime, clearly this would qualify as a common … years,’ is clearly a ‘minor.’”

Coleman v. Houston Indep Sch

Court of Appeals for the Fifth Circuit · Nov 9, 1999

We did not, however, render judgment granting Ellis qualified immunity. … We conclude that the district court did not clearly err by including as a category certain hours billed as a consequence of Ellis’ prior appeal on the issue of qualified immunity.

United States v. Cornelius Wilson

622 F. App'x 393 · Court of Appeals for the Fifth Circuit · Aug 13, 2015

. § 4B1.1, when Presley had only one prior qualifying conviction. … This conversation clearly establishes that Cornelius knew Lee converted the cocaine Cornelius sold to him.

Robert B. Reich, Secretary of the United States Department of Labor v. Jerry D. Lancaster, Jerry D. Lancaster and Jerry D. Lancaster & Associates, Inc. v. Plumbers & Pipefitters Local 454 Health & Welfare Fund

55 F.3d 1034 · Court of Appeals for the Fifth Circuit · Jun 22, 1995

Lancaster also recommended to the Trustees, and they agreed, to prepay three years of premiums in order to qualify for a discount on second and third year premiums. … Because Sec. 1002(21)(A) establishes a disjunctive test, however, we need only determine whether the district court correctly tethered fiduciary status to any one of the subsections.

Verone Marin Fehlhaber, Plaintiff-Appellee-Cross v. Robert F. Fehlhaber, Defendant-Appellant-Cross

681 F.2d 1015 · Court of Appeals for the Fifth Circuit · Aug 6, 1982

[I]t is clear that the State of the forum has at least as much leeway to disregard the judgment, to qualify it, or to depart from it as does the State where it was rendered. … “It is a serious question that may have been developed through discovery .. . that may have established or led toward the establishment of the fact that since Florida was the domiciliary residence of both of the parties the

Cox v. McDonnell-Douglas Corp.

665 F.2d 566 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

A limitations period is considered substantive “where the statute creates a right and also incorporates a limitation upon the time within which the suit is to be brought,” because in such instances “the limitation qualifies … While the minor plaintiffs’ action clearly is not time-barred, there is considerably more doubt with respect to Mrs. Cox’s claim.

United States v. Donato Garcia Maldonado

42 F.3d 906 · Court of Appeals for the Fifth Circuit · Jan 6, 1995

When a defendant elects to go forward with trial, comment 2 to § 3E1.1 states that it is a “rare situation” when the defendant may nonetheless qualify for acceptance of responsibility. … Obviously, these instances are much further removed from “factual guilt” than a challenge to the very evidence establishing factual guilt. 12 .

Varice Smith, Jr. v. Olin Chemical Corporation

555 F.2d 1283 · Court of Appeals for the Fifth Circuit · Jul 18, 1977

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973) clearly indicates that there is a narrow class of job requirements for which no evidentiary showing is needed. … The plaintiff established a prima facie case of discrimination by showing (i) he belonged to a racial minority; (ii) he applied and was qualified for a job for which the employer was seeking applicants; (iii) despite his

Liverpool & London Steamship Protection & Indemnity Ass'n v. QUEEN OF LEMAN MV

296 F.3d 350 · Court of Appeals for the Fifth Circuit · Jun 27, 2002

. §§ 31341-43 establishes a maritime lien for the provision of necessaries, which include marine insurance. Equilease Corp. v. M/V Sampson, 793 F.2d 598, 603 (5th Cir. 1986) (en banc). … The arbitration provision clearly applies only to actions by members, not by the Association. See 1999 Rule 47A. 4 L&L argues that Interforce has waived this argument.

Sierra Club v. Glickman

156 F.3d 606 · Court of Appeals for the Fifth Circuit · Sep 25, 1998

Likewise, the plaintiff must establish that the injury is fairly traceable to the proposed government action or inaction. … Clearly the passage of over 25 years without any action whatsoever with respect to any endangered or threatened species qualifies as “final agency action.

Defense Distributed v. United States Department of State

838 F.3d 451 · Court of Appeals for the Fifth Circuit · Sep 20, 2016

The Munitions List “is not a compendium of specific controlled items,” rather it is a “series of categories describing the kinds of items” qualifying as “defense articles.” United States v. … But Defendants clearly believe to the contrary.

Alberti v. Klevenhagen

46 F.3d 1347 · Court of Appeals for the Fifth Circuit · Feb 23, 1995

We have held that: an assessment of costs against the state is not prohibited by the state’s Eleventh Amendment immunity. … Clearly, the February 4, 1975 order was— just as it was labeled — a consent judgment. 2.