Case law

Dorothy Marie Reeves, Plaintiff-Appellee-Cross-Appellant, Randy J. Ungar, Intervenor v. Acromed Corp., Defendants-Appellants-Cross-Appellees

103 F.3d 442 · Court of Appeals for the Fifth Circuit · Jan 20, 1997

Under the law of this case established in Reeves I we will not reexamine whether Reeves’ unreasonably dangerous per se claim should have been presented to the jury. … In order to qualify as a professional vendor, one must do more than occasionally place a product in the stream of commerce; one must be in the business of selling the product.

Teamsters Local Union 612 v. Helton

413 F.2d 1380 · Court of Appeals for the Fifth Circuit · Jul 22, 1969

* makes application for reemployment within ninety days after he is relieved from such training and service * * *, * * * * * (B) if such position was in the employ of a private employer, such person shall— (i) if still qualified … The union makes an argument that the findings of the district court should not be reviewed against a “clearly erroneous” standard, Fed.R.Civ.P. 52(a), because the trial court stated his view of the evidence before the union

United States v. Mata

624 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 15, 2010

Whether Mata’s conduct in transporting Guerrero-Cruz qualifies as “intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person” as required by § 2L1.1(b)(6) is a question of … We thus conclude that these findings of fact were not clearly erroneous.

Raba v. United States

977 F.2d 941 · Court of Appeals for the Fifth Circuit · Nov 23, 1992

CRP was established to design and construct buildings. Lawrence Raba, David Cerna, and Sebastino Ochoa were the principal shareholders and officers of CRP from 1983 to 1991. … We review these findings under a clearly erroneous standard. Gustin v. United States, 876 F.2d 485, 491 (5th Cir.1989). A. 14 We generally take a "broad view of who qualifies as a responsible person."

Rachel B. Carroll Cynthia B. Fasano, Plaintiffs-Counter v. Metropolitan Insurance and Annuity Co., Defendant-Counter Claimant-Appellee

166 F.3d 802 · Court of Appeals for the Fifth Circuit · Feb 15, 1999

According to this testimony and the unambiguous language in the Underwriting Guide, Bracken clearly would not have received an increase in premium based on the smaller size tumor. 19 To buttress their position, the Beneficiaries … Jones was not necessarily familiar with all of the factors considered in the underwriting process and, when he stated that Bracken believed he was cured, made legal conclusions that the witness was never qualified to make

McDonald v. Oliver

525 F.2d 1217 · Court of Appeals for the Fifth Circuit · Jan 14, 1976

Founded upon the “common benefit” approach clearly articulated in Mills v. … The challenges to the election’s validity are without merit; the trial Judge’s findings in this regard are not clearly erroneous.

Robert a Bussian James J Keating v. Rjr Nabisco Incorporated

223 F.3d 286 · Court of Appeals for the Fifth Circuit · Aug 14, 2000

Buck did not recommend any particular company; instead, it saw each of the four remaining companies as qualified and competent to provide the annuity. … matters would use in the conduct of an enterprise of a like character and with like aims; (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

Nicholas E. D'AnDreA v. Ralph W. Adams, President of Troy State University

626 F.2d 469 · Court of Appeals for the Fifth Circuit · Sep 26, 1980

D’Andrea exercised his right as a tenured faculty member under TSU’s procedures to seek other employment at the school for which he was qualified. … The evidence clearly shows that Dr. D’Andrea identified his information as hearsay or second-hand.

Estella Martinez v. Walgreen Company

935 F.3d 396 · Court of Appeals for the Fifth Circuit · Aug 16, 2019

The Court of Appeals concluded that because pharmacists qualify as healthcare providers under Texas law, the Texas Supreme Court’s negligent-treatment and negligent-misdiagnosis cases were “instructive” in concluding that … They disclaim reliance on statute to create tort liability where none would otherwise exist, arguing solely that statutory prohibitions help to more clearly define the standard of care Walgreens owed.

Congress of Racial Equality v. Douglas

318 F.2d 95 · Court of Appeals for the Fifth Circuit · May 15, 1963

It is a well established principle of law that the trial court who is present where the trouble arises, who sees and hears the witnesses, and who can sense 'the feel' of the situation is far better qualified to decide such … Finding of fact by the trial court are presumed to be correct and will not be set aside unless clearly erroneous.

J. Vallery Electric, Inc. v. National Labor Relations Board

337 F.3d 446 · Court of Appeals for the Fifth Circuit · Jul 1, 2003

Goodman Piping, 741 F.2d at 12 (explaining that while “anti-union animus may be ‘germane,’” it is not necessary “for imposing alter ego status” (citing Tricor, 636 F.2d at 270)); Tricor, 636 F.2d at 269 (holding that the establishment … It made no attempt to qualify its recognition to account for the supposed modification.

Schwager v. Fallas

Court of Appeals for the Fifth Circuit · Sep 10, 1997

A major issue among the circuits and commentators is what type of intent or mental state is necessary to qualify as defalcation. … The discussion of negligence in Carey is dicta in that its holding is clearly and simply that intent is not required. Id.

United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, Mississippi

80 F.3d 1074 · Court of Appeals for the Fifth Circuit · Apr 18, 1996

United States v. 8.41 Acres of Land, Situated in Orange County, State of Texas, 680 F.2d 388 (5th Cir.1982). 1 Although Coker clearly proposed in his pretrial witness list to introduce other testimony, including … Under the Federal Rules of Evidence, a qualified expert witness may testify "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in

Southgate Master Fund, L.L.C. Ex Rel. Montgomery Capital Advisors, LLC v. United States

659 F.3d 466 · Court of Appeals for the Fifth Circuit · Sep 30, 2011

Southgate received comprehensive tax opinions from De Castro, a law firm, and CGC, an accounting firm, both of which the district court found to be qualified tax advisors not burdened by any conflict of interest. … The Government’s brief contention that this finding was clearly erroneous finds no purchase.

United States v. Pool

660 F.2d 547 · Court of Appeals for the Fifth Circuit · Nov 2, 1981

And he asked me why 52 THE COURT: You don't feel like you're qualified to make statements about the others who may have been involved in this matter other than yourself? … As most of the appellants' challenges are to their conspiracy convictions we note at the outset the rule established in our recent case of United States v.

United States v. Richard E. Wall

389 F.3d 457 · Court of Appeals for the Fifth Circuit · Dec 9, 2004

Wall failed to establish that Ristau’s testimony probably would have resulted in an acquittal. … Furthermore, Wall has not established that McDowell’s testimony was actually false.

United States v. Christian Alvarado-Martinez

713 F. App'x 259 · Court of Appeals for the Fifth Circuit · Nov 9, 2017

Objections must be raised clearly “so that the district court may correct itself and thus, obviate the need for our review.” United States v. … We first address whether Alvarado–Martinez’s second-degree assault conviction qualifies as an “aggravated assault.” We apply the categorical approach established in Taylor v.

Pratt v. St. Martinville

Court of Appeals for the Fifth Circuit · Dec 1, 2000

PER CURIAM:* James Papillion appeals from the district court's denial of summary judgment based on qualified immunity as to a claim of excessive use of force. … No. 00-30213 -2- did not violate a clearly established constitutional right and his conduct was not unreasonable.

Lafarge Corp. v. Hartford Casualty Insurance

61 F.3d 389 · Court of Appeals for the Fifth Circuit · Aug 21, 1995

The insurance policies do not clearly so provide." Id. at 1276-77. … We therefore concluded that "[t]his language implies that an insurer who falls within the provisions of section 38.006 is exempt from the payment of attorney's fees and that only those insurers who do not qualify for the

Colonial Life and Accident Insurance Company v. Sarah Ethel Wilson

246 F.2d 922 · Court of Appeals for the Fifth Circuit · Sep 18, 1957

George Wilson, owner of a business and apparently regarded as a sufficiently responsible and substantial business man to qualify for the Insurer’s “Executive and Professional Accident Policy,” died from accidental means June … one month and would not be effective unless, for the next month, the premium were paid becomes almost transfixed byrf its preoccupation with another principle of universal acceptance—that ordinarily, ’in the absence of a clearly