Case law

Szwak v. Earwood (In Re Bodenheimer, Jones, Szwak, & Winchell L.L.P.)

592 F.3d 664 · Court of Appeals for the Fifth Circuit · Dec 29, 2009

June 29, 2005). 30 258 F.3d 385, 387 (5th Cir. 2001) ("In order to qualify as an 'actual and necessary cost' under section 503(b)(1)(A), a claim against the estate must . . . … In conclusion, the language of § 543 clearly circumscribes the actions of superseded custodians to those which are necessary to preserve the assets of the 40 See Randolph & Randolph, 190 U.S. at 535-

Deshun Thomas v. Lorie Davis, Director

Court of Appeals for the Fifth Circuit · Jul 30, 2020

Under AEDPA, “we must defer to the state habeas court unless its decision ‘was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States … Id.7 Nevertheless, pointing to our en banc decision in Haynes, Thomas contends that Cronic applies because McLean’s statements do not qualify as a “partial concession.”

Hernandez v. Causey

124 F.4th 325 · Court of Appeals for the Fifth Circuit · Dec 23, 2024

The district court denied summary judgment to Causey on qualified immunity, concluding that there was “a material factual dispute to resolve” as to where Hernandez’s hands were positioned and whether Causey’s use of force … Finally, Hernandez points to the FTCA’s waiver of sovereign immun- ity for certain tort suits.

Peoples Loan & Finance Corporation v. Raymond Lawson

271 F.2d 529 · Court of Appeals for the Fifth Circuit · Dec 15, 1959

The insurer could not have been obligated to pay until the condition of their liability — i. e., non-liability of the carrier had been established. … It is true that, in a note, the Supreme Court said that clearly such parties were not indispensable under Shields v.

Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross Hospital

591 F.2d 1164 · Court of Appeals for the Fifth Circuit · Mar 26, 1979

The Court observed that: This provision only establishes a rebut-table presumption. … (b) A list of qualified attorneys shall be prepared by the chief judge.

Arbaugh v. Y & H Corporation

446 F.3d 573 · Court of Appeals for the Fifth Circuit · Aug 18, 2004

In November 2002, Defendants filed a motion to dismiss, contending that Y&H did not qualify as an “employer” under 42 U.S.C. * Emilio M. … Finally, the record clearly establishes that the wives, along with their husbands, shared alike in Y&H’s profits, losses, and liabilities.

Whatley v. Guaranty Bank & Trust Company

874 F.2d 997 · Court of Appeals for the Fifth Circuit · Jun 7, 1989

The entity also established a corporate checking account. Regular corporate tax returns were filed. … The definitions in Sec. 75-9-105 are specifically qualified by the phrase "unless the context otherwise requires" in Subsection (1). The context of Sec. 75-9-203 does just that.

Gregory v. Texas Youth Cmsn

Court of Appeals for the Fifth Circuit · Jul 1, 2002

of summary judgment on his retaliation claims and the grant of qualified immunity to the individual defendants. … Qualified Immunity 7  Qualified immunity protects a state official from civil liability for damages based upon the performance of discretionary functions

Delores Alston Smith, Etc. v. Ithaca Corporation and Texas City Tankers Corporation

612 F.2d 215 · Court of Appeals for the Fifth Circuit · Feb 22, 1980

We hold that the district court’s findings of liability based on negligence and unseaworthiness were not clearly erroneous. … In the alternative, the defendants contend that the exhibits did not qualify for the hearsay exception for public records and reports. See Fed.R. Evid. 803(8).

Lillian Smith v. Travelers Casualty Ins. Co.

932 F.3d 302 · Court of Appeals for the Fifth Circuit · Jul 26, 2019

Knoblauch, we affirmed a no-waiver ruling when the defendant first raised an affirmative defense of qualified immunity in a summary judgment motion filed two months before discovery was due. 566 F.3d at 578. … CODE § 17.565 (establishing DTPA’s two-year limitations period); TEX. INS. CODE § 541.162 (establishing Texas Insurance Code’s two-year limitations period); TEX. CIV. PRAC. & REM.

Thomas Laughlin v. Nouveau Body and Tan, LLC, et a

602 F. Supp. 3d 417 · Court of Appeals for the Fifth Circuit · Apr 15, 2010

The creditor “bears the burden of establishing the elements that would prevent discharge.” Cadle Co. v. Pratt (In re Pratt), 411 F.3d 561, 565 (5th Cir. 2005). … Thus, we do not think that the text of article 967 clearly recognizes or creates rights in the renouncing successor.

Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing Company

351 F.2d 702 · Court of Appeals for the Fifth Circuit · Oct 1, 1965

As the trial judge saw it: “The article was clearly defamatory and extremely so. * * * The guilt of the defendant was so clearly established by the evidence in the case so as to have left the jury no choice but to find the … Quoting the Times case, the court then said: “(t)he ‘profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open,’ now applied to confer immunity on ‘vehement, caustic

Gulf Coast Industrial Workers Union v. Exxon Company, U.S.A.

991 F.2d 244 · Court of Appeals for the Fifth Circuit · May 24, 1993

Grace, and the violation of such a policy must be clearly shown if an award is not to be enforced.” 484 U.S. at 43 , 108 S.Ct. at 373 . … The established rule was not violated because the arbitrator considered only later-discovered evidence which established the situation at the time of discharge, not evidence of later changes in the situation. *257 In the

Wells Fargo Armored Service Corporation v. Georgia Public Service Commission

547 F.2d 938 · Court of Appeals for the Fifth Circuit · Feb 28, 1977

From what we have said above about the right to be free from competition, it follows that Wells Fargo's expectancy in these findings, unlike ARC's, clearly is not of constitutional dimension. 5 This "petty larceny" doctrine … 505, and 507, or GPSC Motor Carrier Rule 91 7 Nor, according to a majority of the justices of the Supreme Court, do such protections limit the constitutional due process requirements for safeguarding property rights once established

Planned Parenthood v. Gregory Abbott

Court of Appeals for the Fifth Circuit · Mar 28, 2014

the notion that abortion providers would be able to find qualified replacement physicians. … First, we emphasize that the conditions that supposedly require off-label protocol have not been clearly defined.

Aguiluz v. Bayhi (In Re Bayhi)

528 F.3d 393 · Court of Appeals for the Fifth Circuit · May 16, 2008

The concomitant rights and duties of each former spouse, including the right of each to enforce contribution for one-half the Loan obligation, was established automatically when they made the Loan, not subsequently when they … The Agreement was in no way a novation: It neither created new obligations — extant or inchoate — nor modified or “clearly and unequivocally” extinguished old ones.

Ritter v. Cook

Court of Appeals for the Fifth Circuit · Jul 3, 2003

Scott and Johnson appeal the denial of summary judgment on their claim that they are entitled to qualified immunity from Ritter’s § 1983 action. … No. 02-11070 -3- factual allegations as true no violation of a clearly established right was shown.’” Id. (citation omitted).

Perry v. Dearing (In Re Perry)

345 F.3d 303 · Court of Appeals for the Fifth Circuit · Sep 4, 2003

On April 12, 2001, the bankruptcy court issued an order holding that the 59-acre tract qualified as exempt rural homestead, and that the 26-acre tract could not qualify as a rural homestead because it had been abandoned … A finding of fact, however, may be disregarded only if it is clearly erroneous. In re Barron, 325 F.3d 690, 692 (5th Cir. 2003).

Schorsch v. Kwarteng

Court of Appeals for the Fifth Circuit · Nov 27, 2024

“The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” Lewis v. Ascension Par. Sch. … “A [factual] finding is clearly erroneous if it is without substantial evidence to support it, the court misinterpreted the effect of the evidence, or this court is convinced that the findings are against the preponderance

United States v. Dowl

619 F.3d 494 · Court of Appeals for the Fifth Circuit · Sep 13, 2010

The Small Business Administration Loan In October 2005, Dowl applied to the United States Small Business 1 However, the city did not take possession of the property, and the record does not clearly … Here, Dowl submitted false applications for $237,000 in loans; this intention to divert funds from the Government for unintended uses qualifies the loan application amounts as “intended losses.”