Case law

Travis Blank v. Harold Evenson

Court of Appeals for the Fifth Circuit · Jun 20, 2013

However, unlike the current Appellees’ motions, Bell’s motion turned on her assertion of qualified immunity. … The district court denied Bell’s motion without prejudice, and granted Bell’s alternative motion, pursuant to Federal Rule of Civil Procedure (“FRCP”) 7(a), for Blank to file a reply concerning qualified immunity.

Owensby & Kritikos, Inc. v. Commissioner Of Internal Revenue

819 F.2d 1315 · Court of Appeals for the Fifth Circuit · Jun 26, 1987

drawn from uncontradicted evidence; 24 the finding of the Tax Court must be affirmed unless clearly erroneous. … The taxpayers contend that because the Tax Court found the taxpayers' experts highly qualified and experienced, it was required to accept their testimony in toto.

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.

Tennard v. Dretke

442 F.3d 240 · Court of Appeals for the Fifth Circuit · Mar 1, 2002

A state court’s decision constitutes an unreasonable application of clearly established federal law if it is objectively unreasonable. Id. at 1521. … Lynaugh, 492 U.S. 302 (1989)(Penry I).7 Because Penry I qualifies as “clearly established Federal law, as determined by the Supreme Court,” that precedent “dictated” that the Texas Court of Criminal Appeals apply that decision

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.

Brown & Root, Inc. v. National Labor Relations Board

333 F.3d 628 · Court of Appeals for the Fifth Circuit · Jun 24, 2003

He further found that Brown & Root had not violated the Act by establishing initial terms of employment. … The violations found in these cases clearly were supported by substantial evidence of threats that explicitly informed employees the employer intended to commit unfair labor practices to avoid its bargaining obligation.

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

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. Dinneen

577 F.2d 919 · Court of Appeals for the Fifth Circuit · Aug 1, 1978

These executives established a system for distributing the Datsun automobiles. … PDQ says that a per se violation was established under teachings of United States v.

Akhtar v. Gonzales

450 F.3d 587 · Court of Appeals for the Fifth Circuit · May 23, 2006

After the District Director refused to terminate removal proceedings, the IJ denied Akhtar’s application for cancellation of removal, finding that he failed to establish that removal would cause “exceptional and extremely … unusual hardship” to a qualifying family member, and issued a final order of removal.

In Re: Deepwater Horizon

739 F.3d 790 · Court of Appeals for the Fifth Circuit · Jan 10, 2014

The Amchem decision, moreover, which did involve a settlement class proposed for certification under Rule 23(b)(3), explained that the predominance inquiry “trains on the legal or factual questions that qualify each class … This quotation is clearly taken out of context. 139 No other decision by our court or by any district court has ever cited Reed for such a proposition.

Resolution Trust Corp. ex rel. Chisholm Federal Savings & Loan Ass'n v. Kemp

951 F.2d 657 · Court of Appeals for the Fifth Circuit · Jan 28, 1992

; and, 2) Would the evidence “have clearly produced a different result if presented to the court before the original judgment”? Harrison v. … The Appellants do not have the requisite good faith to qualify as “good faith improvers” under Texas law.

United States v. Thomas Nelson, Jr.

732 F.3d 504 · Court of Appeals for the Fifth Circuit · Oct 14, 2013

The clearly erroneous standard of review applies to the district court’s factual findings. We review the application of the controlling law de novo.” United States v. … Evid. 104(a) (“The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.”); see also Fed. R.

Lindsey v. Bio-Medical Applications

9 F.4th 317 · Court of Appeals for the Fifth Circuit · Aug 16, 2021

One FMLA benefit to which employees are entitled is “12 workweeks of leave during any 12-month period” due to certain qualifying conditions such as a serious health condition of a child. 29 U.S.C. § 2612(a)(1). … sufficient if the 9 Case: 20-30289 Document: 00515979904 Page: 10 Date Filed: 08/16/2021 No. 20-30289 defendant[] . . . clearly

Billy High, Jr. v. Vistasp Karbhari

Court of Appeals for the Fifth Circuit · Jun 12, 2019

The party seeking to invoke federal jurisdiction bears the burden of establishing these elements. Little, 575 F.3d at 540. … “Federal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.”

Federal Deposit Insurance v. Munn

804 F.2d 860 · Court of Appeals for the Fifth Circuit · Nov 25, 1986

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

Den Norske Stats Oljeselskap as v. HeereMac Vof

241 F.3d 420 · Court of Appeals for the Fifth Circuit · Feb 26, 2001

The FTAIA House Report states that the purpose of the law is “to more clearly establish when antitrust liability attaches to international business activities” and to ascertain “the precise legal standard to be employed in … Pfizer , however, was decided four years before enactment of the FTAIA, and the court’s holding was limited to the question of whether a foreign government qualified as a “person” under the Sherman Act.

National Labor Relations Board v. Big Three Industries, Inc.

497 F.2d 43 · Court of Appeals for the Fifth Circuit · Jul 10, 1974

But these extenuating circumstances clearly lend additional significance to Rushlow’s well-known union sentiments. … In sum, this array of decisional authority firmly establishes the principle that a bargaining relationship, once established, must be permitted a reasonable period of gestation, during which time the union’s status as the

Joe Mario Trevino, Jr. v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

168 F.3d 173 · Court of Appeals for the Fifth Circuit · Feb 19, 1999

When reviewing a purely legal question, we must defer to the state court unless its decision rested on a legal determination that was contrary to clearly established federal law as determined by .the Supreme Court. … The state court’s conclusion that the prosecution had no Brady obligation to produce these records for Trevino is therefore not an unreasonable application of clearly established federal law. See Lucas v.

Wilson v. First National Bank

796 F.2d 752 · Court of Appeals for the Fifth Circuit · Aug 11, 1986

The Trustee established all of the elements of voidable preferences against the Bank on transfers occurring within 90 days of bankruptcy- *756 5. … The Debtor also received payments made by private individuals who did not qualify for governmental benefits, but these "private payments" were normally received in advance, or at least by the tenth of the month in which service