Case law

Henry Sims, Jr. v. Kia Motors of America, I

839 F.3d 393 · Court of Appeals for the Fifth Circuit · Oct 5, 2016

Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert’s particular expertise, and the subject of his testimony.” 18 Rule 702 provides that “[a] witness who is qualified … Plaintiffs argue that this conclusion rested upon “a clearly erroneous assessment of the evidence,” 37 because Wallingford only partially incorporated McCort’s theory into his.

United States v. Stapf

309 F.2d 592 · Court of Appeals for the Fifth Circuit · Sep 26, 1962

Such a statement is clearly incorrect. In Fidelity-Philadelphia Trust Co. v. … Community property may qualify for the marital deduction.

United States v. James

528 F.2d 999 · Court of Appeals for the Fifth Circuit · Jun 7, 1976

Vasquez, 5 Cir., 476 F.2d 730 (1973). 23 Henry's Claim of Immunity from Prosecution 74 Henry, a native born citizen of the United States, claims that he enjoys immunity from prosecution in this country for crimes of the type … Those findings are binding on this Court unless they are clearly erroneous. United States v. Gunn, 5 Cir., 428 F.2d 1057 (1970).

Vera Claiborne v. Recovery School District

690 F. App'x 249 · Court of Appeals for the Fifth Circuit · Jun 7, 2017

In fact, one of the upstairs computer rooms was converted from a Physical Education classroom when extra computer space was needed. 2 Unfortunately, the record does not clearly identify the floor on which the … The next question is whether Claiborne was “qualified” under the ADA.

Nunley v. M/V Dauntless Colocotronis

863 F.2d 1190 · Court of Appeals for the Fifth Circuit · Jan 23, 1989

Having reviewed the record in this case, we cannot say that the district court clearly erred. B. … MARKING EXPENSES After the CBLL-01315 sank, the Coast Guard, in an independent search, located a sunken vessel and established a temporary buoy.

Annette M. Riner Suzette Marriott v. Allstate Life Insurance Company

131 F.3d 530 · Court of Appeals for the Fifth Circuit · Jan 14, 1998

That defense is qualified, however, by the statutory rule that statements made in a life insurance application are not admissible to establish a misrepresentation unless the application is attached to and made part *538 of … Marriott, a fact that is clearly relevant with respect to whether Mr. Marriott's answers were intentionally deceitful. 2 .

United States v. Investment Enterprises, Inc.

Court of Appeals for the Fifth Circuit · Dec 17, 1993

As our earlier discussion demonstrated, the guidelines clearly and specifically provide for sentencing to include a §1467 forfeiture. … No such qualifying language appears in the language of the statutory provision.

Favis Clay Martin v. W. J. Estelle, Jr., Director, Texas Department of Corrections

583 F.2d 1373 · Court of Appeals for the Fifth Circuit · Nov 16, 1978

He must establish that he had no trial competency hearing or that it was inadequate. … As Judge Gewin notes, Judge Clark, writing for this court, has stated it this way: “the court . . . must decide for itself if the quantity and qualify of available evidence [is] adequate to arrive at an assessment that could

Adam Baker v. City of St. Petersburg

400 F.2d 294 · Court of Appeals for the Fifth Circuit · Aug 1, 1968

The court held that the record showed clearly that her employment had been terminated because members of the Board opposed her involvement and that of members of her family in civil-rights activity, and ordered that she be … The plaintiffs do not assert that discrimination exists in the hiring practices of the Department, and we accept at face value the assertion of Chief Smith that he actively seeks and would welcome more Negro officers if qualified

Trevino v. Celanese Corp.

701 F.2d 397 · Court of Appeals for the Fifth Circuit · Mar 28, 1983

Clearly this applies to new employment and is different from an employee who is seeking promotion. … This evidence clearly raises a genuine issue of material fact as to Celanese’s employer status.

United States v. Kenneth Barfield

941 F.3d 757 · Court of Appeals for the Fifth Circuit · Oct 25, 2019

Moreover, Barfield argues, the Government failed to establish that the drug transactions conducted between April and November 2017 could be attributed to him as relevant conduct. … 7  Case: 18-50399 Document: 00515173841 Page: 8 Date Filed: 10/25/2019 No. 18-50399 conduct’ or ‘common scheme or plan.’” 25 To qualify

Connecticut Fire Ins. Co. v. Commercial Nat. Bank

87 F.2d 968 · Court of Appeals for the Fifth Circuit · Feb 10, 1937

The general rule that the principal is bound by the knowledge of his agent is recognized, but in the bank’s behalf the well-established- exception is urged that when the agent who has knowledge is acting in his own interest … Many of these circumstances relate more clearly to the purchase of the five $100,000 bonds, but that negotiation began eight days before the bonds here sued for were bought, and it would not be unreasonable to conclude that

United States v. Norman L. Haymer

995 F.2d 550 · Court of Appeals for the Fifth Circuit · Jun 30, 1993

Distinguishing the right to appointed counsel from the right to trial by jury, the Court established a bright-line rule based on the punishment ultimately imposed, concluding "that incarceration was so severe a sanction that … the rule announced in Argersinger and, moreover, also violated the due process guarantee 9 and controlling state law. 10 37 I do not suggest that during or after the disposition of the case the defendant is or should be immune

J. E. Casner and Una Casner v. Commissioner of Internal Revenue

450 F.2d 379 · Court of Appeals for the Fifth Circuit · Nov 9, 1971

Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A., provides that findings by the trial court shall not be set aside “unless clearly erroneous”. … Walker and Holman were the owners of the stock at the time the dividends were established.

Resolution Trust Corp. v. Kimball

963 F.2d 820 · Court of Appeals for the Fifth Circuit · Jun 19, 1992

The letters of credit6 provides, in relevant part: We hereby establish this irrevocable letter of credit in favor of Sunbelt Savings, 4954 N. … Chapman's affidavit, although containing the conclusory allegation that he is qualified to testify as an expert, contains sufficient allegations of personal knowledge of the banking industry and, in particular, letters

Hollis v. Provident Life & Accident Insurance

259 F.3d 410 · Court of Appeals for the Fifth Circuit · Aug 8, 2001

Clearly, Hollis claims a right to receive benefits under the disability insurance policy Provident issued. … Hollis concedes that Graduate Supply established and maintained an ERISA plan1.

McMillian v. Aberdeen Sch Dist

Court of Appeals for the Fifth Circuit · Sep 3, 2025

Brownsville Independent School District, the plaintiff prevailed in an action establishing that the defendant school district refused to hire her because of her sex. 700 F.2d 253, 254 (5th Cir. 1983). … Viewing the evidentiary record, that finding was not clearly erroneous. See Bogan I, 919 F.3d at 335-36.

Federal Deposit Insurance Corporation v. Hugh Munn, Hugh Munn, Plaintiff-Appellee-Appellant v. Southwest Bank of San Angelo, and E. Ray Jones and William Golden

804 F.2d 860 · Court of Appeals for the Fifth Circuit · Jan 12, 1987

Since the TIDCO stock and the bank loan are not goods, Munn must establish that he purchased "services" to qualify as a consumer. 19 "Services" has a less certain meaning under Texas law. … At best, Munn established a misrepresentation not connected to a DTPA service.

Earl Benjamin Bush v. Orleans Parish School Board

308 F.2d 491 · Court of Appeals for the Fifth Circuit · Aug 28, 1962

Board of Education is not too soon for a qualified Negro to be admitted to Benjamin Franklin High School. … It is the tribunal best qualified to wrestle with specifics.

Manufacturers Record Publishing Company v. Lauer

268 F.2d 187 · Court of Appeals for the Fifth Circuit · Jul 28, 1959

Lauer, the duly qualified and authorized testamentary executrix of the Succession of Jacques E. Blevins. Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges. … Leonard, 5 Cir., 261 F.2d 226 . 24 What and all that appellant could have hoped to do below or could hope here was to convince the court that the decision of the Supreme Court of Louisiana was clearly contrary to the established