Case law

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.

Kelly v. Panama Canal Commission

26 F.3d 597 · Court of Appeals for the Fifth Circuit · Jul 22, 1994

The Ninth Circuit found the presence of direct military control over the activity sufficient to establish that the activity was incident to service. … The district court's factual determination is subject to the clearly erroneous standard. Griffin v. Box, 910 F.2d 255 (5th Cir.1990).

W. C. Sanderson v. Ford Motor Company, W. C. Sanderson v. United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw, Local Union No. 255

483 F.2d 102 · Court of Appeals for the Fifth Circuit · Nov 21, 1973

The defense of the statute of limitations was clearly unsustainable. … Therefore, as openings occur within the plant, first consideration should be given to employes who qualify for such positions. B.

United States v. Koleowo Adesoye

383 F. App'x 421 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

Cantu, 185 F.3d 298, 302 (5th Cir. 1999) (breach of a cooperation agreement providing use immunity for defendant who provided incriminating evidence regarding others in exchange for a lesser sentence); United States v. … Adesoye cannot establish plain error because he has failed to prove by a preponderance of the evidence that the Government breached the proffer agreement.

Freeman Ex Rel. Estate of Vann v. Clarke County

620 F. App'x 223 · Court of Appeals for the Fifth Circuit · Jul 7, 2015

McLendon filed a motion to stay pending discovery related to her qualified immunity defense. The parties engaged in discovery related to qualified immunity. … “We review a district court’s award of attorney’s fees for an abuse of discretion . . . and we accept the factual findings upon which the district court bases its award . . . unless they are clearly erroneous.” Brady v.

United States v. Norbert

990 F.3d 968 · Court of Appeals for the Fifth Circuit · Mar 16, 2021

Nothing in the record supports a finding that the district court’s factual finding on the sequence of events in this situation was clearly erroneous. … Once it’s established that officers had reasonable suspicion to Terry stop Norbert, everyone agrees his suppression motion fails.

Coleman Ex Rel. Estate of Coleman v. Champion International Corp.

992 F.2d 530 · Court of Appeals for the Fifth Circuit · Jun 1, 1993

Regis acquired Southland, Plan participants could elect to remain covered under the Plan or to shift their coverage to the qualified retirement plan sponsored by St. Regis. … Christopher clearly poses a different scenario than the one we face today.

United States v. Burrell

634 F.3d 284 · Court of Appeals for the Fifth Circuit · Feb 15, 2011

The Government clearly did not intend to cite to the amended § 3161(h)(8)(A), which provides an exclusion only for “Any period of delay, not to exceed one year, ordered by a district court upon an application of a party and … Hamilton, the Third Circuit held that the Government did not demonstrate it had exercised due diligence because it did not attempt “to elicit the witness’s testimony by a grant of use immunity.” 46 F.3d 271, 279 (3d Cir.

Tyler v. Union Oil Co of CA

Court of Appeals for the Fifth Circuit · Sep 16, 2002

less qualified that Burkett. … These plaintiffs have obtained “at least some relief on the merits” and thus qualify as prevailing parties.

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).

In The Matter Of T.B. Westex Foods, Inc.

950 F.2d 1187 · Court of Appeals for the Fifth Circuit · Jan 24, 1992

But Alaska is clearly no worse off, in respect to collecting Westex's debt to it, by reason of serving the November 1987 garnishments on Westex's banks. … Measure of Recovery 63 Our holdings that the November 1987 transfers from Westex to Alaska are avoidable and that they are recoverable from Alaska do not conclusively establish whether or what amount Westex will recover from

Arthur Earl Marshall v. United States

422 F.2d 185 · Court of Appeals for the Fifth Circuit · Jan 22, 1970

Thus his shotgun after alteration clearly came within the statutory definition of a “firearm.” … firearm which he is qualified to manufacture without payment of the making tax.

Henry W. McGill for Himself and Others Similarly Situated v. Gadsden County Commission, Witt Campbell, for Himself and Others Similarly Situated v. Gadsden County School Board

535 F.2d 277 · Court of Appeals for the Fifth Circuit · Jun 29, 1976

Second, the district court's rejection of the plaintiff's attempted showing that elected County officials are unresponsive to blacks is not clearly erroneous. 7 Third, there has been a state policy in favor of at-large County … Fourth, however, the plaintiffs have established that blacks in Gadsden County have been subjected to an extensive history of discrimination.

Theodros v. Gonzales

490 F.3d 396 · Court of Appeals for the Fifth Circuit · Jun 25, 2007

States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.” 2 requires, inter alia, an alien to be “admissible to the United States” in order to qualify … He also argues that the Nortel form cannot establish that he made a false representation for that employment since he could have (falsely) indicated he was a lawful permanent resident, which does not lead to the same

United States v. Garza

Court of Appeals for the Fifth Circuit · Feb 7, 2025

Case: 24-40425 Document: 44-1 Page: 2 Date Filed: 02/07/2025 No. 24-40425 have gone untreated in prison and that the conditions qualify as extraordinary and compelling … In addition to determining that Garza had failed to establish extraordinary and compelling reasons, the district court reiterated its previous determination that a sentence reduction was not warranted based on its assessment

Interstate Commerce Commission v. Alabama Midland Ry. Co.

74 F. 715 · Court of Appeals for the Fifth Circuit · Jun 2, 1896

In the opinion in the Social Circle Case it is clearly held that the question whether the circumstances and conditions are or are not substantially similar is one of fact, and, touching the power of the commission to fix … The carriers are better qualified to adjust such matters than any court or board of public administration, and, within the ¡limitations suggested, it is safe and wise to leave to their traffic <managers the adjusting of dissimilar

Heller v. Namer

666 F.2d 905 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

Defendant Financial attempts to cloud the water by raising several issues of fact which are peripheral to Heller’s establishment of the right to judgment as a matter of law. … Heller to Wohlfeld of Fidelity, which states in part: We’ve got two other potentials working at the moment .. . both qualified institutions that have expressed an interest despite the location, age, etc.

John Syres and Louis J. Warrick v. Oil Workers International Union, Local 23

257 F.2d 479 · Court of Appeals for the Fifth Circuit · Aug 29, 1958

During the absence of the jury, however, the district court clearly indicated to counsel its opinion that the defendants were entitled to a directed verdict because no damages had been proved. 3 In addition to relief by way … The action in this instance is within the provisions of Rule 23(a) of the Federal Rules of Civil Procedure because the attitude of the University affects the rights of all Negro citizens of the State who are qualified for

Williams v. Johnson

Court of Appeals for the Fifth Circuit · Apr 21, 1999

In addition, the magistrate noted that the state court had reviewed the record and found that Williams had failed to establish a due process violation. Quoting from our decision in Moore v. … established Federal law, as determined by 5 the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).2 II.

Hattie Brazier v. W. B. Cherry

293 F.2d 401 · Court of Appeals for the Fifth Circuit · Jul 28, 1961

It then becomes a question whether in these statutes or related acts Congress has impliedly established a right of survival. 7 6 Relevant to that search, of course, would be the question whether the statutes under scrutiny … This clearly is sufficient proof that Congress never intended to provide for the survival of a cause of action in case of death of the injured person other than that specified therein.