Case law

Bank of New York Trust Co. v. Official Unsecured Creditors' Committee

584 F.3d 229 · Court of Appeals for the Fifth Circuit · Sep 29, 2009

This is persuasive market evidence, it claims, that the bankruptcy court’s valuation was clearly too low. … We agree, however, with courts that have held that 11 U.S.C. § 1103(c), which lists the creditors’ committee’s powers, implies committee members have qualified immunity for actions within the scope of their duties.

In Re Corrugated Container Antitrust Litigation. Adams Extract Co., Cfs Continental, Inc., Townhouse Furniture, Rossville Packing Co., Denver Meat Co., Carron Manufacturing Co., Andre-Boudin Bakeries, Inc., Ilikon Corp., Great Northern Packaging Corp., Plaintiffs-Appellants-Appellees, Pleasure Hours, Inc., London Dry Ltd., Plaintiffs- Objectors-Appellants-Appellees v. The Chesapeake Corporation of Virginia, Stone Container Corp., Defendants-Appellants-Appellees. In Re Corrugated Container Antitrust Litigation. Adams Extract Co., Great Northern Packaging Corp., Cfs Continental, Inc., Rossville Packing Co., Andre-Boudin Bakeries, Inc., Townhouse Furniture, Denver Meat Co., Carron Manufacturing Co., Ilikon Corp., Wittek Golf Supply Co., Inc., Plaintiffs-Appellants-Appellees v. Pleasure Hours, Inc., St. Joe Paper Co., the Continental Group, Okinfraft, Inc., Container Corporation of America, the Chesapeake Corporation of Virginia, Owens-Illinois, Inc., MacMillan Bloedel, Inc., Inland Container Corp., Menasha Corp., U. S. Corrugated Fibre-Box Co., Stone Container Corp., Defendants- Appellants-Appellees

659 F.2d 1322 · Court of Appeals for the Fifth Circuit · Oct 29, 1981

Hoyt was eminently qualified to conduct a damages estimate because of his training, experience, knowledge of the industry, and involvement in the case. … A district court need not establish the plaintiffs' likelihood of prevailing to a certainty. 643 F.2d at 212 .

The State of Texas v. Daniel Grundstrom

404 F.2d 644 · Court of Appeals for the Fifth Circuit · Oct 25, 1968

Our dissenting brother is of the opinion that the Patton case has clearly resolved the constitutional issues now raised by Grundstrom. … In this context, the Rice case adds nothing to the principles established in Patton because Rice, like Patton, had already experienced what Grundstrom seeks to anticipate.

Pelican Chapter, Associated Builders & Contractors, Inc. v. Edwards

128 F.3d 910 · Court of Appeals for the Fifth Circuit · Dec 11, 1997

Prior to trial, the parties entered the following stipulation of established facts: 1. … They said this policy, common among construction firms, causes the employer to avoid the use of experienced, long-term non-resident employees and highly qualified and efficient

Pradhan v. TX A&M Univ System

Court of Appeals for the Fifth Circuit · Jul 3, 2001

immunity.2 We review grants of summary judgment de novo, applying the same standards as the district court. … Moreover, a state official exercising discretionary authority is shielded from personal liability by qualified immunity, unless at the time and under the circumstances all reasonable officials would have realized that

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

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.

Mississippi Valley Portland Cement Company v. United States

408 F.2d 827 · Court of Appeals for the Fifth Circuit · Jun 9, 1969

The patrons were fruit growers who had formed the cooperative to facilitate the procurement of fruit packing boxes at a minimum cost, and they clearly had a fraternal commercial relationship. … It is well established that “our income tax law is premised on fact and not fiction.” Blackstone Realty Co. v. Commissioner of Internal Revenue, 5 Cir. 1968, 398 F.2d 991, 996 .

Central Trust Co. of New York v. Chattanooga, R. & C. R.

94 F. 275 · Court of Appeals for the Fifth Circuit · May 16, 1899

We do not see in these decisions anything to control or qualify the settled doctrine that has obtained' in the courts of the United States in such foreclosure proceedings as these. … This rule being established, it would seem to be immate rial whether or not the income is expressly named as included in the mortgage.

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

Washington v. Veneman

109 F. App'x 685 · Court of Appeals for the Fifth Circuit · Oct 12, 2004

Washington provided no evidence that she was clearly more qualified than the applicants selected, and therefore her claim for non-promotion must fail. See Price v. Fed. … Showing that two candidates are similarly qualified does not establish pretext under this standard.”); Odom v. Frank, 3 F.3d 839, 845-47 (5th Cir. 1993).

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.

United States v. Richard Gomez, Jr.

539 F. App'x 528 · Court of Appeals for the Fifth Circuit · Sep 6, 2013

Gomez’s conviction of possessing a prohibited weapon – specifically, a sawed off shotgun – clearly supported application of the enhancement. See United States v. Serna, 309 F.3d 859, 862-64 & n.6 (5th Cir. 2002). … See United States v. 1 A burglary conviction under Texas Penal Code § 30.02(a)(1) qualifies as a crime of violence but a conviction under § 30.02(a)(3) does not qualify. See United States v.

United States v. Gordon S. Buttorff

761 F.2d 1056 · Court of Appeals for the Fifth Circuit · Jun 3, 1985

However, it is a well established rule that income is taxed to the person who earns it, Commissioner v. … established.

Chemtech Royalty Associates, L.P. v. United States

823 F.3d 282 · Court of Appeals for the Fifth Circuit · May 17, 2016

To the contrary, Morris and Hunt show that an interest with minimal sharing in profits and losses can qualify as a partnership interest only if the owner of that interest intends to share profits and losses. … There, we affirmed, as not clearly erroneous, the finding that a partnership was a sham and should be disregarded for tax purposes.

United States v. Tomblin

46 F.3d 1369 · Court of Appeals for the Fifth Circuit · Dec 27, 1994

Moreover, the instruction clearly required the jury to focus on Tomblin's intent. … Accordingly, the evidence of that loss does qualify under the statute.

Corenswet, Inc. v. Amana Refrigeration, Inc.

594 F.2d 129 · Court of Appeals for the Fifth Circuit · Apr 30, 1979

Amana, therefore, has the burden of persuading us that the court’s interpretation was clearly erroneous. E. g., Griffin v. Missouri Pacific R.R. … Furthermore, the proposition that the Code’s good faith obligation cannot be disclaimed must be qualified.

Harris,et al v. The City of Houston

Court of Appeals for the Fifth Circuit · Feb 9, 1999

This annexation was not consensual on the part of the residents of Kingwood, as this lawsuit so clearly indicates. … The quoted language cannot qualify as a holding with precedential value in this case.

Kansas City Southern Ry. Co. v. Daniel, Attorney General of Texas Louisiana & Arkansas Ry. Co. v. Daniel, Attorney General of Texas

180 F.2d 910 · Court of Appeals for the Fifth Circuit · Apr 21, 1950

It is clear that the Railroads do not seek here to establish an interest in property or funds belonging to the State, nor do they call for an assertion of the official authority of the State in their behalf as referred to … The construction of the power of the Interstate Commerce Commission in such matters pursuant to the Act of Congress and pursuant to the commerce clause clearly presents a question of which the Federal Courts have original

Coliseum Square Association, Inc., Smart Growth for Louisiana, Louisiana Landmarks Society, Inc., Historic Magazine Row Association and the Urban Conservancy, Inc. v. Alphonso Jackson, Etc., Alphonso Jackson, Acting Secretary, U.S. Department of Housing and Urban Development and Housing Authority of New Orleans, Coliseum Square Association, Inc., Smart Growth for Louisiana, Louisiana Landmarks Society, Inc., Historic Magazine Row Association and the Urban Conservancy, Inc. v. Housing Authority of New Orleans, an Agency of the State of Louisiana, Alphonso Jackson, Acting Secretary, United States Department of Housing and Urban Development v. Historic Restoration, Inc., Intervenor-Appellee

465 F.3d 215 · Court of Appeals for the Fifth Circuit · Sep 18, 2006

Furthermore, "an agency must have discretion to rely on the reasonable opinions of its own qualified experts, even if, as an original matter, a court might find contrary views more persuasive." Marsh v. … Unless the district court clearly abused its discretion in determining that plaintiffs' motion neither established a manifest error of law or fact nor presented newly discovered evidence, the district court's ruling should