Case law

Securities & Exchange Commission v. Seghers

298 F. App'x 319 · Court of Appeals for the Fifth Circuit · Oct 28, 2008

The evidence against Seghers is clearly sufficient to support the jury’s verdict, notwithstanding his explanations and arguments to the contrary, which we discuss below. … A defendant is not immune from disgorgement merely because he has spent or lost the proceeds of his fraudulent scheme. See id.

United States v. Richard Higgins

Court of Appeals for the Fifth Circuit · Jan 10, 2014

.”); Portillo, 18 F.3d at 292–93 (“We hold [ ] that when the record of the Rule 11 hearing clearly indicates that a defendant has read and understands his plea agreement, and that he raised no question regarding a waiver-of-appeal … maximum under the plea agreement—in which Higgins acknowledged a prior conviction under Louisiana law relating to the “abusive sexual conduct involve- ing a minor or ward”—was forty years; the maximum in the absence of such a qualifying

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. INTERNATIONAL LONGSHOREMEN’S ASSOCIATION Et Al., Defendants-Appellees

511 F.2d 273 · Court of Appeals for the Fifth Circuit · Apr 11, 1975

of a common hiring hall” and by the establishment of *276 common seniority classifications. … The record clearly discloses that the existence of ‘separate but equal’ locals has had, and may continue to have, post-Act deleterious effects on blacks.” 451 F.2d at 457 .

Duran v. Schlumberger Technol

81 F.3d 155 · Court of Appeals for the Fifth Circuit · Feb 26, 1996

A discharged employee establishes a prima facie case of employment discrimination by demonstrating that (1) he was qualified for the position, (2) he was discharged, (3) he was within the protected class, and … However, mere conclusory allegations will not establish competent summary judgment evidence. Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), cert. denied, 506 U.S. 825, 113 S. Ct. 82, 121 L. Ed. 2d 46 (1992).

Robert William Bendelow v. United States

418 F.2d 42 · Court of Appeals for the Fifth Circuit · Sep 29, 1969

He set out to look for it, and had spotted it near a beer and wine joint called “Across the Ditch” when Jacob Jennings came out of the establishment and asked “What do you want? What’s the matter?” … Absent the compulsion of an authoritative decision, we are unwilling to sponsor for this Circuit a rule which would immunize a criminal defendant from attacks on his credibility by proof of prior convictions so long as he

United States v. Phillips

477 F.3d 215 · Court of Appeals for the Fifth Circuit · Jan 24, 2007

Because the last act Phillips committed that would qualify for punishment under this provision occurred on March 2, 2003, the district court correctly dismissed the conviction under this count as violative of the Ex Post … The judicial system can self-correct only if counsel voices an objection clearly at the proper time in the proceedings.

8fg v. Stepup Funny

135 F.4th 285 · Court of Appeals for the Fifth Circuit · Apr 18, 2025

although they are neither parties to the litigation nor restrained directly by the orders.” 22 And we have also found standing to intervene when a putative intervenor was “deprived of information that he [was] uniquely well-qualified … Mindful of these concerns, this court reviews a district court’s ruling on a motion to unseal for an abuse of discretion. 35 “A district court abuses its discretion if it: (1) relies on clearly erroneous factual findings;

William Powell v. Lynn Cooper

595 F. App'x 392 · Court of Appeals for the Fifth Circuit · Dec 30, 2014

These requirements are clearly established, as determined by the Supreme Court. See id. … We do not suggest that the Supreme Court must have previously applied a particular rule or that a rule must be defined with great specificity for it to be “clearly established.”

Stone v. Unocal Termination

Court of Appeals for the Fifth Circuit · Jun 17, 2009

Though Chevron established a plan equivalent to Unocal’s Long Term Incentive Plans (LTIP), Stone was not eligible for the plan, and thus lost his Long Term Incentive award (LTI). … To agree with Stone’s interpretation would require this court to overlook the grammatical structure of Article 16.1(E)(3), which clearly delineates, through the use of commas, that a change of control provision must

United States v. Butler

49 F.2d 52 · Court of Appeals for the Fifth Circuit · Apr 17, 1931

The opinion does not review the facts in detail but the following clearly appears: Metcalf and Eddy were consulting engineers. … Each as to the other is sovereign, and each has immunity from the other's taxing power.

United States v. Jorge Moreno

598 F. App'x 261 · Court of Appeals for the Fifth Circuit · Jan 30, 2015

Accordingly, that finding is not clearly erroneous. Id. Tovar Moreno also argues that the district court clearly erred by refusing to grant an offense level reduction based on his role in the offense. … Tovar Moreno has not established that his role in the offense was peripheral. See Villanueva, 408 F.3d at 204.

Winstead v. Georgia Gulf Corp.

77 F. App'x 267 · Court of Appeals for the Fifth Circuit · Oct 9, 2003

A four-year delay would have clearly prejudiced the ability of the Georgia Gulf defendants to defend themselves as relevant witnesses may have no longer been available and memories would have inevitably faded. … Conclusion Winstead maintains in his last issue that the district court erred in the Winstead lawsuit by determining the Georgia Gulf defendants were immune from suit.

J. T. Fulford v. Jesse v. B. Forman, Elmer G. Gardner and Murphey W. Luna

245 F.2d 145 · Court of Appeals for the Fifth Circuit · Jun 14, 1957

As acreage allotments are indispensable to cotton farming, it may be that these actions by successive levels of administrators qualify as Sanctions or Licenses under 5 U.S. … . § 1009 , which must be clearly demonstrated, Shaughnessy v. Pedreiro, 349 U.S. 48 , 75 S.Ct. 591 , 99 L.Ed. 868 ; Brownell v.

Northwinds Abatement, Inc. v. Employers Insurance of Wausau

69 F.3d 1304 · Court of Appeals for the Fifth Circuit · Jan 2, 1996

The Texas Administrative Code expressly establishes a procedure for appeals to the Board. Tex.Admin.Code tit. 28, § 1.51(b). … First, Wausau’s citation of the “exclusive procedures and remedies” provision in § 2.05(b) clearly does not apply to Northwinds’s claims.

In the Matter of Lebaron Dennis, Debtor. Lebaron Dennis v. Audrey H. Dennis, A/K/A Joyce Dennis

25 F.3d 274 · Court of Appeals for the Fifth Circuit · Jul 13, 1994

re Nunnally, 506 F.2d at 1027 ; see also In re Jones, 9 F.3d 878, 880 (10th Cir.1993) (ruling that debt may be in the nature of alimony, maintenance, or support under federal bankruptcy law, even though it is not legally qualified … This is not only a clearly established principle in this Circuit, but no other circuit to review this issue has ever taken a contrary view.

Hollywood Fantasy Corp. v. Gabor

151 F.3d 203 · Court of Appeals for the Fifth Circuit · Aug 12, 1998

However, undisputed testimony established that Ms. … This court has not yet “clearly defined the scope of our review of § 455 issues raised for the first time on appeal.” McKethan v. Texas Farm Bureau, 996 F.2d 734, 744 n.31 (5th Cir. 1993), quoted in Mangum v.

George Jones v. Dustin Anderson

Court of Appeals for the Fifth Circuit · Jan 24, 2018

Anderson moved for summary judgment, arguing that there was no genuine issue of material fact that his actions did not rise to the level of an Eighth Amendment violation and were protected by qualified immunity. … Because Jones failed to establish the violation of a constitutional right, he has also failed to show that Anderson is not entitled to qualified immunity. See Kipps v. Caillier, 197 F.3d 765, 768 (5th Cir. 1999).

United States v. Donald Rutherford McVean

436 F.2d 1120 · Court of Appeals for the Fifth Circuit · Mar 10, 1971

Canali's affidavit establishes that the St. … Although the matter is not clearly spelled out in the record here, the inference is clear that the holding in Panzavecchia v.

Satterwhite v. City of Greenville

634 F.2d 231 · Court of Appeals for the Fifth Circuit · Jan 15, 1981

We also held that since it had been finally established that Mrs. … A suggestion that seems to imply that there must always be a party before the court, though clearly this is no longer certain. . 445 U.S. at 400, 100 S.Ct. at 1210. .

Keenan v. Donaldson, Lufkin & Jenrette, Inc.

529 F.3d 569 · Court of Appeals for the Fifth Circuit · May 29, 2008

This was true even though Keenan also clearly was a creditor because of his loan of money to IE. … Keenan argues that the district court’s view would allow one lender immunity to say or do whatever it wanted to induce another lender to loan funds to a third party.