Case law

Nunez v. Simms

79 F. App'x 66 · Court of Appeals for the Fifth Circuit · Oct 22, 2003

Following the assertion of qualified immunity by the defendants, the district court dismissed the suit on the basis that Nunez had not alleged the violation of a clearly established constitutional right as she * … Accordingly, the district court clearly erred in finding that the lawsuit was frivolous, and abused its discretion in awarding attorneys’ fees to the defendants. See Mississippi, 921 F.2d at 609. REVERSED.

United States of America, United States of America, State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-Appellee

81 F.3d 1329 · Court of Appeals for the Fifth Circuit · Apr 18, 1996

MSP argues that the district court’s penalty calculations were based on clearly erroneous findings of fact. … The court further stated, “If these wastes fail to qualify as K001 wastes, I cannot envision what wastes would.”

Southwestern Life Insurance Company, Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-Appellee

560 F.2d 627 · Court of Appeals for the Fifth Circuit · Dec 2, 1977

Thus, the district court’s fact finding is not clearly erroneous.” This statement is faulty in several respects. … In addition to the selling of life insurance, Southwestern is in the business of administering qualified pension and profit sharing plans.

B & B Insulation, Inc. v. Occupational Safety & Health Review Commission

583 F.2d 1364 · Court of Appeals for the Fifth Circuit · Nov 16, 1978

This disregard of demonstrated industry custom is clearly beyond the intention of the cases which first borrowed the reasonable man theory to construe OSHA standards. … An “established Federal standard” is any operative occupational safety and health standard established by any federal agency in effect at the enactment of the Act. 29 U.S.C.A. § 652 (10).

Adams Extract Co. v. Chesapeake Corp.

659 F.2d 1322 · Court of Appeals for the Fifth Circuit · Oct 29, 1981

Hoyt was eminently qualified to conduct a damages estimate because of his training, experience, knowledge of the industry, and involvement in the case. … A district court need not establish the plaintiffs’ likelihood of prevailing to a certainty. 643 F.2d at 212 .

Empire Seafoods, Inc., Appellant-Appellee v. Carl R. Anderson, Appellees-Appellants. Carl R. Anderson and Gerritt A. Gates, Appellants-Appellees v. Empire Seafoods, Inc., Appellee-Appellant. Cleary Bros. Construction Company, Appellant-Appellee v. Empire Seafoods, Inc., Appellees-Appellants

398 F.2d 204 · Court of Appeals for the Fifth Circuit · Jul 30, 1968

qualified; a qualified lookout was not aboard; such circumstances contributed to the collision, and there was privity and knowledge 4 on the part of Empire's president in the negligence causing the accident. 25 We cannot … say that a decree, based upon such evidence, denying exoneration or limitation of liability is clearly erroneous, and this is the test we must apply.

Smith v. Summit Midstream Prts

Court of Appeals for the Fifth Circuit · Jul 6, 2022

Smith has not shown he was “clearly better qualified” than Gonzales. Id. … Therefore, he cannot show that he was “clearly better qualified” than Gonzales, and that “the qualifications are so widely disparate that no reasonable employer would have made the same decision.” Martinez v.

United States v. Fuchs

467 F.3d 889 · Court of Appeals for the Fifth Circuit · Nov 16, 2006

[T]he qualifying condition of the offense, i. e., the element of behavior beyond professional practice . . . .”); id. (“Without behavior beyond professional practice, there is no crime. … There is no clearly established law in the Fifth Circuit that the indictment and jury instructions must include a reference to “legitimate medical purpose.”

Rev. Roy Jones v. The City of Lubbock

727 F.2d 364 · Court of Appeals for the Fifth Circuit · Apr 10, 1984

The City principally contends that the district court clearly erred in making these findings. … We cannot conclude that the district court clearly erred in concluding that plaintiffs did not establish a significant lack of responsiveness to the particularized needs of minorities.

Alice Buckhanan v. Eric Shinseki

665 F. App'x 343 · Court of Appeals for the Fifth Circuit · Nov 30, 2016

“A district court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Nunez v. Allstate Ins. … Here, the evidence clearly demonstrates that neither Buck-hanan nor Battle intended their statements to be part of the negotiations towards compromise.

Beaty v. Weinberger

478 F.2d 300 · Court of Appeals for the Fifth Circuit · Apr 23, 1973

Our ruling requires equality of treatment between two classes of persons the genuineness of whose claims the State might in any event be required to determine." 406 U.S. at 175 , 92 S.Ct. at 1406 (emphasis added). 21 Clearly … In light of this overriding purpose, it is well-established that Social Security benefits are not accrued property rights.

Blacks United for Lasting Leadership, Inc. v. The City of Shreveport, Louisiana Municipal Association, Intervenor

571 F.2d 248 · Court of Appeals for the Fifth Circuit · Mar 29, 1978

“Any citizen of lawful age may qualify and seek election to city office, and in that sense the process is ‘open.’ ” Id. at 635 . … It was found that “[b]lacks clearly have influence — sometimes decisive — at the polls.” Id. The court, however, saw influence of this type to be constitutionally insufficient.

Hollinger v. Home State Mutual Insurance

654 F.3d 564 · Court of Appeals for the Fifth Circuit · Sep 7, 2011

Code § 912.151 (“A county insurance company that qualifies for statewide operation may write all lines of automobile insurance.” (Emphasis added.).) … The Insured produced no evidence that any potential class member intended to establish a domicile outside of Texas.

Gulfstream Cargo, Ltd. v. Reliance Insurance Company

409 F.2d 974 · Court of Appeals for the Fifth Circuit · Mar 28, 1969

“Although we have found no Texas case expressly applying this rule, there is no indication that the Texas courts have departed from this firmly established principle of marine insurance.” 300 F.2d at 647. … In addition to this characterization, M/V Papoose, as the facts will soon reflect, almost literally qualified for Judge J.

Aguilar-Quintanilla v. McHenry

126 F.4th 1065 · Court of Appeals for the Fifth Circuit · Jan 24, 2025

B Turning to the merits of the petition for review, to qualify for CAT relief, the applicant must establish “that it is more likely than not” that he “would be tortured if removed to the proposed country of removal … The evidence offered must establish a probability that Aguilar-Quintanilla will be subjected to torture in El Salvador. See § 1208.16(c)(2).

No. 78-3204

634 F.2d 952 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

We find nothing to indicate that these findings are clearly erroneous, Fed.R.Civ.P. 52(a); indeed, we are convinced that these findings are clearly not erroneous. … The evidence clearly establishes the intent and purpose of the parties to legally conclude this transaction.

United States v. Bethal

245 F. App'x 460 · Court of Appeals for the Fifth Circuit · Aug 9, 2007

“When reviewing the denial of a motion to suppress, we defer to a district court’s findings of fact unless they are clearly erroneous, and we review the court’s conclusions of law de novo.” … In view of the fact that the affidavit was prepared on October 9, 2000, *473 and that the Appellee was not indicted until 2004, the omission hardly qualifies as deceptive.

United States v. James Edward Carpenter

963 F.2d 736 · Court of Appeals for the Fifth Circuit · Jun 9, 1992

Agent Redman had received a report from the police department which indicated that Carpenter qualified as an armed career criminal. … In that way, the government could establish that Carpenter had not fabricated the confession, as Carpenter later claimed he had done.

Bird v. Stein

258 F.2d 168 · Court of Appeals for the Fifth Circuit · Sep 9, 1958

We certainly cannot say it was clearly erroneous for the Court not to find that appellants established a resulting trust. … On the record we cannot say that those findings are clearly erroneous.

Vincent C. Giblin v. Commissioner of Internal Revenue

227 F.2d 692 · Court of Appeals for the Fifth Circuit · Nov 23, 1955

The venture operated approximately two years until the legislature finally repealed the act which had established the State Laundry and Dry Cleaning Board. … Moreover, it is to be noted that the regulation itself qualifies the application of the rule by use of the words “in general.”