Case law

Fed. Sec. L. Rep. P 93,213 Hill York Corporation v. American International Franchises, Inc., Gurn H. Freeman

448 F.2d 680 · Court of Appeals for the Fifth Circuit · Oct 15, 1971

If the sale to a single person, firm or corporation does not qualify for the exemption, then no private offering exemption ever came into being or existed. … This clearly negates the close-knit arrangement among friends and acquaintances that afforded the private offering exemption in Woodward v. Wright, 266 F.2d 108 (10th Cir. 1959) and Campbell v.

Alex John, Jr. v. State of Louisiana (Board of Trustees for State Colleges and Universities)

757 F.2d 698 · Court of Appeals for the Fifth Circuit · Apr 15, 1985

motion to dismiss the section 1983 damages claims against the Board, the University, and Vines (in his official capacity) on the ground that these parties are “arms of the State” against whom, absent a waiver of sovereign immunity … Clearly, John is not asserting a new issue on appeal that was not before the district court; John is simply arguing that there is evidence in the record that defendants’ actions were “discriminatorily motivated.”

Green v. Johnson

116 F.3d 1115 · Court of Appeals for the Fifth Circuit · Jun 30, 1997

Because the State of Texas has not yet qualified for the expedited procedures governing habeas petitions in capital cases, see Carter v. … We do not believe that the state court’s factual findings were clearly erroneous, nor do we find any legal error. VIII.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

United States v. William Derosier and Mildred Derosier, D/B/A Northwood Bar

473 F.2d 749 · Court of Appeals for the Fifth Circuit · Jan 12, 1973

Obviously, then, an establishment which may meet the commerce connection requirement of § 2000a(c) (3) might nevertheless fail to qualify as a “place of entertainment” under § 2000a(b)(3). … Moreover, the list focuses on situations in which congressional action can clearly produce prompt and significant relief.” 110 Cong.Ree. 7383 (remarks of Senator Young). . Compare Daniel v.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Gulf Oil Trading Company v. M/V Caribe Mar

757 F.2d 743 · Court of Appeals for the Fifth Circuit · Apr 19, 1985

Several portions of the legislative history clearly indicate that the 1971 amendments were intended only to remove the duty of inquiry. … The constitutionality of Supplemental Rule C has been established in this circuit since Merchants National Bank v. Dredge General G.L.

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Hodges v. Delta Airlines, Inc.

44 F.3d 334 · Court of Appeals for the Fifth Circuit · Feb 15, 1995

Under the regulatory framework established by the FAA, the term “service” or “services” had an established definition, consistent with dictionary usage. 3 A vestige of that definition remains in what is left- of the federal … the operation or maintenance of aircraft ...” 49 U.S.C.App. § 1371(q) (1994); see also, 14 C.F.R. § 205.5 (a) (1992) (insurance regs.). 7 The importance of § 1371(q) cannot be understated, for it can only be understood to qualify

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Paul Burns v. K Mayes

369 F. App'x 526 · Court of Appeals for the Fifth Circuit · Feb 8, 2010

Judicial Immunity & Monell Immunity As the Supreme Court recently instructed, “[t]o survive a motion to 14 Abraham v. … -10-  Case: 09-20126 Document: 00511022513 Page: 11 Date Filed: 02/08/2010 defendants appearing before a judge of the 410th Judicial District, the SAP Program is clearly

St. Bernard General Hospital, Inc. v. Hospital Service Association of New Orleans, Inc.

712 F.2d 978 · Court of Appeals for the Fifth Circuit · Aug 22, 1983

These charges are not so clearly per se violations of the antitrust laws. See id. at 51-57 , 97 S.Ct. at 2558-61 . … See Rev.Rul. 69-545, 1969-2 Cum.Bull. 117 (hospitals may, under some circumstances, qualify for tax exemptions under I.R.C. §§ 170, 501(c)(3) without providing charitable care); Simon v.

United States v. Clemones

577 F.2d 1247 · Court of Appeals for the Fifth Circuit · Aug 9, 1978

Clearly, taxpayer had not met his burden of proof. See, also, Honigman v. … Indeed, if the Govern *1227 ment’s criticism was accepted, no witness could have qualified as an expert in this matter.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

United States v. Wesley A. Caldwell, Jr.

820 F.2d 1395 · Court of Appeals for the Fifth Circuit · Jun 26, 1987

We review the district court’s finding regarding whether the IRS used fraud, trickery, or deceit under the clearly erroneous standard. … We therefore hold that the district court’s finding that Caldwell did not establish by clear and convincing evidence that the IRS agents used fraud, trickery, or deceit in gaining the interview with him was not clearly erroneous