Case law

Moore v. Quarterman

491 F.3d 213 · Court of Appeals for the Fifth Circuit · Jun 27, 2007

Therefore, it was not clearly erroneous for the district court to conclude that Moore is mentally retarded. 4. … If this is the case, then the district court should have reviewed the state court’s dismissal only to determine whether it was “contrary to, or involved an unreasonable application of, clearly established federal law as determined

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. Matthew Moore

708 F.3d 639 · Court of Appeals for the Fifth Circuit · Feb 11, 2013

Clearly the facts in Conaster were much more egregious than the isolated assault that occurred in this case. … Under these circumstances, Moore has not established that the error, if any, was plain or obvious. See United States v.

Yarrito v. Page

Court of Appeals for the Fifth Circuit · Jan 23, 1996

Yarrito argues that the court below erred in finding that the defense of qualified immunity shields defendants from liability. … 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.

Edward Ashford v. USA

463 F. App'x 387 · Court of Appeals for the Fifth Circuit · Mar 5, 2012

Ashford now appeals on the basis that the magistrate judge’s factual findings are clearly erroneous. … Neither party, however, addresses the immunity issue on appeal.

Bel Oil Corp. v. Federal Power Commission

255 F.2d 548 · Court of Appeals for the Fifth Circuit · Apr 23, 1958

Order Postponing Action on Motion to Dismiss and Referring Proceedings to Examiner” in which it said: “ * * * The fact that contracts have been entered into in good faith and in arm’s-length bargaining does not make them immune … This is clearly demonstrated by order No. 310 in Pan American Petroleum Corporation referred to above.

Sketoe v. Exxon Company, USA

188 F.3d 596 · Court of Appeals for the Fifth Circuit · Sep 13, 1999

The language in the latter half of the statement is dictum, for the facts in National Van Lines clearly involved two separate contractual obligations. See id. at 986-87. … We interpret both provisions identically to protect the integrity of the workers' compensation system’s quid pro quo, which exchanges no-fault liability with limited compensation benefits and immunity from tort liability.

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

United States v. Robins

978 F.3d 881 · Court of Appeals for the Fifth Circuit · Nov 20, 1992

The findings and computations of the district court were not clearly erroneous or unreliable. The district court did not err in setting Robins’ base offense level at 38. 2. … search Robins’ residence. 2 A nexus between the place to be searched and the items to be seized may be established through direct observation or through normal inferences.

Ferman v. U.S.

Court of Appeals for the Fifth Circuit · Jun 11, 1993

Section 1172(a) of the Act added section 2057 to the Internal Revenue Code, which allowed estates a deduction for fifty percent of the "qualified proceeds" of a "qualified sale" of any employer securities to an employee … The district court also noted that, "[w]hile the net effect of the 1987 amendments to section 2057 clearly denied the Paglin estate the benefits of the fifty percent deduction, such denial did not amount to a "new tax'

United States v. Craig Nash

729 F.3d 400 · Court of Appeals for the Fifth Circuit · Aug 30, 2013

A determination that a particular judicial or administrative action qualifies under Section 2B1.1(b)(9)(C) is an interpretation and application of the guidelines that we review de novo. Id. … If it is established that an entity the defendant controlled was a party to the prior proceeding that resulted in the official judicial or administrative action, and the defendant had knowledge of the prior decree or order

Rachal v. Allen

321 F.2d 449 · Court of Appeals for the Fifth Circuit · Aug 8, 1963

percentum of which establishment's annual dollar volume of sales of goods or services is made within the State in which the establishment is located. … case, and then without exception, objection, or reservation of any kind, secure a reversal when the result turns out not to be to his liking. 31 But even more important, the Employer here is getting a trial to which it is clearly

Roxanne Hook v. The Morrison Milling Company

38 F.3d 776 · Court of Appeals for the Fifth Circuit · Dec 13, 1994

Hook’s claim, in fact, would exist whether or not MMC had established an ERISA plan. … Congress clearly did not intend to vest employers with such authority.

Mongrue v. Monsanto Company

249 F.3d 422 · Court of Appeals for the Fifth Circuit · May 7, 2001

For a private entity to qualify under Louisiana law as an agent of the government for the purposes of establishing liability for an unconstitutional taking, the entity must have been expressly delegated the power of eminent … The latter will not be allowed to take the lands of another unless such right comes clearly and unmistakably within the limits of the authority granted.

Barkley v. Dillard Department Stores Inc.

277 F. App'x 406 · Court of Appeals for the Fifth Circuit · May 2, 2008

Here, Barkley argues that Harris 1 Similarly, a municipality can be liable for a constitutional violation even when its police officers are entitled to qualified immunity for their actions. … City of Tyler, 242 F.3d 307 (5th Cir. 2001) (finding that police officers were entitled to dismissal based on qualified immunity but that claims remained against the city).

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

Whitehead v. Food Max of Mississippi, Inc.

277 F.3d 791 · Court of Appeals for the Fifth Circuit · Jan 11, 2002

Accompanied by newspaper and television reporters Minor went to the local Kmart establishment with two federal marshals and sought execution on the writ by seizing money assets in the store’s registers and safe. … The word “entitled” includes “to grant a legal right to or qualify for.” 4 Accordingly, Rule 62(f) bestows upon the federal litigant grounds for securing or claiming an applicable state law stay in the district court.

Bender v. Brumley

Court of Appeals for the Fifth Circuit · Jul 8, 1993

immunity, which the district court elected to carry with the case to trial, is not before us on appeal. 4 Mere allegations of verbal abuse do not present actionable claims under § 1983. … Morel ... was not the clearly established law in the Fifth Circuit on February 20, 1989, hence the test enunciated in Johnson is not applicable to the facts in this case.

Baker Hughes Proc & Pipel Svc v. UE Compression, L

938 F.3d 661 · Court of Appeals for the Fifth Circuit · Sep 12, 2019

Likewise, Section 9.2, which requires that personnel employed by UE be “competent, properly qualified, skilled, and experienced in accordance with good industry practice,” and Section 4.1, which requires UE to provide adequate … Baker Hughes does not argue that the court’s decision was based on a “clearly erroneous assessment of the evidence.”