Case law

Trinseo v. Harper

Court of Appeals for the Fifth Circuit · Jan 21, 2026

V Finally, KBR appeals the district court’s grant of a permanent injunction, arguing that Trinseo failed to establish the necessary elements to obtain injunctive relief. … “The district court abuses its discretion if it ‘(1) relies on clearly erroneous factual findings . . . , (2) relies on erroneous conclusions of law . . . , or (3) misapplies the factual or legal conclusions when fashioning

United States v. Cooper

274 F.3d 230 · Court of Appeals for the Fifth Circuit · Nov 27, 2001

A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole. Puig-Infante, 19 F.3d at 943. 1. … There can also be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy. See § 3B1.1, comment. (n.4).

United States v. Marmolejo

86 F.3d 404 · Court of Appeals for the Fifth Circuit · Jun 14, 1996

We review the district court’s findings of fact under the clearly erroneous standard of review, and the question of whether those facts constitute legally proper forfeiture de novo. … This situation gives rise to a serious gap in the law, since even though title to the monies may have passed, the Federal Government clearly retains a strong interest in assuring the integrity of such program funds.

Teta v. Chow (In Re TWL Corp.)

712 F.3d 886 · Court of Appeals for the Fifth Circuit · Mar 29, 2013

If a plaintiff establishes these requirements, the employer may avoid liability by proving that it qualifies for the Act’s “faltering company” *898 exemption, or that the closing or layoff resulted from “unforeseen business … As we explain in Part III.D, the bankruptcy court did not clearly articulate its rationale for dismissing Teta’s adversary proceeding. .

United States v. Glen Sutherland, Edward Maynard and Grace Walker

656 F.2d 1181 · Court of Appeals for the Fifth Circuit · Sep 25, 1981

In this case the indictment clearly states the offense charged with sufficient specificity. … Moreover, it follows from this general rule that when the transcript contains a translation into English of conversations spoken in a foreign language, the proponent must introduce the testimony of a qualified witness to

National Surety Corp. v. Charles Carter & Co.

539 F.2d 450 · Court of Appeals for the Fifth Circuit · Sep 24, 1976

In its answer Maryland Casualty stated that Hughes-Walsh was not entitled to file a third-party complaint since it did not qualify as a “defending party” under Rule 14, Fed.R.Civ.P. … To this extent the claim was one for which Maryland Casualty would be liable to Hughes-Walsh in indemnity if negligence were established.

United States v. Patty McClain Mike Bradshaw, Ada Eveleigh Simpson and William Clark Simpson

593 F.2d 658 · Court of Appeals for the Fifth Circuit · Apr 23, 1979

Yet the great weight of the government’s new expert testimony indicated that his earlier conclusion might still be the proper view of Mexican law — at least as interpreted by some of the few Mexican nationals qualified to … On numerous occasions during the trial the judge had clearly indicated his intent to give this issue to the jury.

Fredonia Broadcasting Corporation, Inc. v. Rca Corporation

481 F.2d 781 · Court of Appeals for the Fifth Circuit · Nov 2, 1973

Under Texas law future profits are allowed in a contract action as part of the damages to an established business. Atomic Fuel Extraction Corporation v. … Clearly, Fredonia should have presented evidence of its damages that would have been more convincing.

United States of America and Linda Stout, by Her Father and Next Friend, Blevin Stout v. Jefferson County Board of Education, United States of America v. The Board of Education of the City of Fairfield, United States of America v. The Board of Education of the City of Bessemer, United States of America v. Caddo Parish School Board, United States of America v. The Bossier Parish School Board, Margaret M. Johnson v. Jackson Parish School Board, Yvornia Decarol Banks v. Claiborne Parish School Board, Jimmy Andrews v. City of Monroe, Louisiana, Clifford Eugene Davis, Jr. v. East Baton Rouge Parish School Board

380 F.2d 385 · Court of Appeals for the Fifth Circuit · Jun 27, 1967

These Guidelines establish minimum standards clearly applicable to disestablishing state-sanctioned segregation. … To meet the constitutional objective of juries not racially discriminatory acceptable machinery must be established to place on the jury rolls Negroes qualified for jury service. Brooks v.

Holmes v. Atlantic Sounding Co

Court of Appeals for the Fifth Circuit · Nov 16, 2005

The magistrate judge concluded that (1) the BT-213 is not a vessel for purposes of the Jones Act, (2) Holmes could not establish any possibility of recovery under the Jones Act, and (3) as diversity jurisdiction existed … As Stewart’s definition of “vessel” applies equally to the Jones Act and the LHWCA, § 3 clearly controls the definition of “vessel” for purposes of both acts.

United States v. Rohn Martin Ishmael and Debra K. Ishmael

48 F.3d 850 · Court of Appeals for the Fifth Circuit · Apr 19, 1995

The defendant argued that the bam qualified as a business and that- the barn’s surrounding area was protected under a theory analogous to the home curtilage theory. … See Robertson, 39 F.3d at 893-94 (readings from a thermal imager, when combined with informant’s tip and police officer’s own observations, establish probable cause).. IV.

Richardson v. Olivier

105 F. 277 · Court of Appeals for the Fifth Circuit · Nov 20, 1900

Richardson was by tbe comptroller of tbe currency of tbe United States duly appointed receiver of tbe bank, and qualified as such receiver. … In this case, clearly, he was in some measure india . d to take the course lie took by the receiver’s statement.

Trout Point Lodge, Limited v. Doug Handshoe

729 F.3d 481 · Court of Appeals for the Fifth Circuit · Sep 5, 2013

“[N]othing in life or our law guarantees a person immunity from occasional sharp criticism, nor should it. . . . [N]o person avoids a few linguistic slings and arrows, many demonstrably unfair.” Ferguson v. … Even if we consider this evidence, it still does not establish that all of the alleged statements were, in fact, false.

Ministry of Oil of Republic of Iraq v. Kurdistan Region of Iraq

634 F. App'x 953 · Court of Appeals for the Fifth Circuit · Sep 21, 2015

The KRG moved to dismiss the Ministry’s complaint, arguing that the Ministry’s claims presented a nonjusticiable political question; were barred by sovereign immunity under the FSIA; failed to establish admiralty jurisdiction … Republic of Congo, 309 F.3d 240, 250 (5th Cir. 2002) (refusing to treat earlier court decision as a declaratory judgment where plaintiff had not “filed what was clearly a declaratory judgment action”).

Republican Natl Cmte v. Wetzel

120 F.4th 200 · Court of Appeals for the Fifth Circuit · Oct 25, 2024

HAVA establishes a procedure for provisional voting when a voter’s eligibility is in question. 52 U.S.C. § 21082. … A party seeking to suggest that two statutes cannot be harmonized, and that one displaces the other, bears the heavy burden of showing a clearly expressed congressional intention that such a result should

Comer v. Murphy Oil USA

607 F.3d 1049 · Court of Appeals for the Fifth Circuit · May 28, 2010

Only nine of the seventeen active judges were unrecused and qualified to participate in a vote. By 6 to 3, the nine qualified judges voted to grant rehearing en banc. … This point is clearly established by the Supreme Court’s opinion in Will and the cases quoted and cited therein.

Carlwynn Turner v. Burl Cain, Warden

647 F. App'x 357 · Court of Appeals for the Fifth Circuit · Apr 28, 2016

R.Civ.P. 12(b), asserting that Turner had failed to state a claim and that they were entitled to Eleventh Amendment immunity and qualified immunity. … But what Turner alleges, taken as true, does not establish this. He merely alleges that Dupont provided the information on which Warden Cain made his decision and that Vannoy was aware of that decision.

State of Louisiana v. FDA

Court of Appeals for the Fifth Circuit · May 1, 2026

As the district court correctly held, that “alone [is] sufficient to establish Louisiana’s standing. … And because FDA “is entitled to sovereign immunity,” Alliance II, 78 F.4th at 251, Louisiana’s financial harms are also irremediable.

United States v. Tzep-Mejia

Court of Appeals for the Fifth Circuit · Sep 12, 2006

If Tzep was convicted of an attempted assault in the first degree under subsection 1 of the New York assault statute, the crime is a clearly a crime of violence under the Sentencing Guidelines.4 Because Tzep did not plead … Before the court imposes a non-Guideline sentence, it must first calculate the an offense that qualifies as a crime of violence is also a crime of violence.

American Airlines, Inc. v. Department of Transportation

202 F.3d 788 · Court of Appeals for the Fifth Circuit · Feb 1, 2000

The precise scope of an airport owner’s proprietary powers has not been clearly articulated by any court. See, e.g., id. at 956 (“The extent of ‘proprietary powers and rights’ has not yet been established.”). … Regional jets, it contends, “cannot qualify as ‘commuter’ aircraft.” We disagree.