Case law
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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.
Cited 129 timesPublishedLeonard L. Bursten v. United States
395 F.2d 976 · Court of Appeals for the Fifth Circuit · May 27, 1968
(Tr. 729, 730) This clearly establishes that this instruction was refused because the trial judge thought “he [Goldwom] [was] not a good tax man.” … Soltz: Your Honor, I’m sorry, when I qualified him [Mr. Gold-worn] I forgot to submit him as an expert. The Court: I will accept him as an expert, but— Mr. Goldwom: Thank you.
Cited 99 timesPublishedBrown v. Arlen Management Corp.
663 F.2d 575 · Court of Appeals for the Fifth Circuit · Dec 11, 1981
of it as is true and qualify or deny the remainder. … Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission.
Cited 27 timesPublishedAbdel-Masieh v. United States Immigration & Naturalization Service
73 F.3d 579 · Court of Appeals for the Fifth Circuit · Jan 10, 1996
Most importantly, Abdel fails to establish that he was singled out and arrested on either occasion due to his religious or political affiliations. … The district court apparently believed that Singh would not qualify for asylum if his persecution by India for political opinion was confined to the Punjab. Such is not the law ...
Cited 243 timesPublishedHermann Hosp. v. MEBA Medical and Benefits Plan
Court of Appeals for the Fifth Circuit · May 20, 1992
Nicholas' coverage was established, the right to sue for payment of benefits provided by Hermann belonged solely to Hermann as a result of the assignment. … qualified as "run-of-the-mill state law claims" under Mackey.
Cited 0 timesPublishedCornerstone Chrstn v. Univ Interscholastic
Court of Appeals for the Fifth Circuit · Apr 13, 2009
In this case, plaintiffs have not alleged that section 12(d) establishes a program or system of subjective, individualized consideration. … This is clearly true of the UIL’s distinction between public schools, which may draw participants only from a defined geographical area, and nonpublic schools, which may draw students from anywhere, but also applies to the
Cited 0 timesPublishedBel 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.
Cited 6 timesPublished587 F. App'x 105 · Court of Appeals for the Fifth Circuit · Sep 25, 2014
All Appellants appeal the district court’s ruling that Appellees are entitled to qualified immunity. For the following reasons, we AFFIRM the judgment of the district court. I. … Qualified Immunity Having determined that there was no violation of Babin’s or Ray’s constitutional rights, we need not reach the issue of qualified immunity. VII.
Cited 8 timesUnpublishedUnited States v. Jane Reasor, A/K/A San Juanita Rangel Reasor
418 F.3d 466 · Court of Appeals for the Fifth Circuit · Jul 21, 2005
In general, we regard a district court’s acceptance of a guilty plea as a factual finding that we review under the clearly erroneous standard. Johnson, 194 F.3d at 659 (citing United States v. … The Supreme Court, in another somewhat analogous situation, held that “an owner-occupied residence not used for any commercial purpose does not qualify as property ‘used in’ commerce or commerce-affecting activity; arson
Cited 62 timesPublishedCourt of Appeals for the Fifth Circuit · Jul 20, 1992
The statute suggests one special factor: the limited availability of qualified attorneys for a proceeding. Id. … The Tax Court held that the "going rate" did not qualify as a "special factor" within the meaning of section 7430.
Cited 0 timesPublished105 F.4th 362 · Court of Appeals for the Fifth Circuit · Jun 21, 2024
Thus, the district court did not clearly err in finding that “Appliance Liquidation Outlet” is a descriptive mark. B. … Octane Fitness expanded the category of cases that qualify as “excep- tional” for § 1117(a).
Cited 8 timesPublishedCourt of Appeals for the Fifth Circuit · Apr 18, 2002
United States, 794 F.2d 1041, 1048 (5th Cir. 1986), we held that the good faith defense under § 7431(b) is analogous to the civil rights qualified immunity defense, which looks to whether the official violated “clearly … Therefore, the district court’s decision in Johnson did not in our view “clearly establish” the absence of a public records exception for purposes of the § 7431(b) good faith exception.
Cited 0 timesUnpublishedCoast Quality Construction Corporation and Subsidiaries v. United States
463 F.2d 503 · Court of Appeals for the Fifth Circuit · Jul 11, 1972
In so doing, we adhere to the standard of review established in cases similar in the respect that under the statute there in issue or according to settled tax principles subjective motivation or intent was irrelevant. … contentions which, upon careful analysis, resolve into a strained argument that Coast Quality after the change in its ownership discontinued all or a sufficient part of a business with the consequence that it failed to qualify
Cited 8 timesPublished335 F. App'x 425 · Court of Appeals for the Fifth Circuit · Jun 25, 2009
To overcome Defendants’ qualified immunity defense 2 to Rome’s § 1983 claim that he was arrested in violation of the Fourth Amendment, Rome must make a showing of no probable cause. … in light of clearly established law as it existed at the time of the alleged violations.
Cited 0 timesUnpublishedCharles A. Nesmith v. Clyde E. Fulton
615 F.2d 196 · Court of Appeals for the Fifth Circuit · Apr 7, 1980
For his appeal to have been timely, then, one of the defendants must qualify as an officer or agency of the United States. Among those named as defendants by NeSmith was the adjutant general of Georgia. … The legislative history of the National Guard Technicians Act also states clearly that Congress viewed the adjutants general as state officers.
Cited 49 timesPublished641 F.2d 1128 · Court of Appeals for the Fifth Circuit · Apr 8, 1981
George was qualified as an expert toxicologist and not as an expert in the design and manufacturing of respirators or filters. … George was qualified as an expert toxicologist and not as a design expert was made absolutely clear to the jury.
Cited 2 timesPublished249 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.
Cited 38 timesPublishedDouglass v. Nippon Yusen Kabushiki
Court of Appeals for the Fifth Circuit · Aug 17, 2022
The district court’s determinations are not clearly erroneous, nor did it apply the law incorrectly. … It can hardly be said, therefore, that the right of immunity that the majority opinion inserts into the Fifth Amendment is clearly delimited.
Cited 0 timesPublished808 F.2d 1119 · Court of Appeals for the Fifth Circuit · Mar 5, 1987
The Robinsons next argue that HDC’s right of entry for inspection, repairs, and alterations established a duty on the part of HDC towards the Robinsons. … In essence, an honest but incompetent attorney would be immune from rule 11 sanctions. The problems with a subjective test were clear.
Overruled on other grounds by Patricia Thomas v. Capital Security Services, Inc., 836 F.2d 866 (1988)Cited 148 timesPublished583 F.2d 1364 · Court of Appeals for the Fifth Circuit · Nov 16, 1978
that its requirements are not unforeseeable if the standard is read to require only those protective measures which the knowledge and experience of the employer's industry, which the employer is presumed to share, would clearly … 1294 (7th Cir. 1974), discussing promulgation of construction industry standards When the Secretary determines the need for a specific standard, he may receive comments from an advisory committee which must include persons qualified
Cited 9 timesPublished
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