Case law

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.

Sam Kane Packing Co. v. Amalgamated Meat Cutters and Butcher Workmen of North America, Afl-Cio, and Its Local No. 171

477 F.2d 1128 · Court of Appeals for the Fifth Circuit · May 16, 1973

Herrera, and the union representative, Senator Bernal, were clearly informed of this position in advance of the scheduled hearing date. … Bell, 5 Cir. 1969, 415 F.2d 35 , 39: Interpretation of contract language restricting the scope of arbitration is governed by the rigid standards established in the Steelworkers’ cases.

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

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.

Georg Schaeffler v. United States

Court of Appeals for the Fifth Circuit · May 22, 2018

“The United States, as sovereign, is immune from suit save as it consents to be sued.” United States v. Sherwood, 312 U.S. 584, 586 (1941). … United States, 600 F.3d 362, 384 (5th Cir. 2010) (“To overcome sovereign immunity in a tax refund action, a taxpayer must file a refund claim with the IRS within the time limits established by the Internal Revenue Code.”)

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.

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

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.

Offshore Production Contractors, Inc., Paul N. Dabaillon, Trustee in Bankruptcy of Norman Offshore Pipeline Contractors, Inc. (Formerly Offshore Production Contractors, Inc.), Cross-Appellant v. Republic Underwriters Insurance Company, Cross-Appellee v. Bayly, Martin & Fay of Texas, Inc., Cross-Appellee

910 F.2d 224 · Court of Appeals for the Fifth Circuit · Aug 29, 1990

Barbara mildly qualified these explanations with the caveat that no court had yet interpreted this contract language, and he was uncertain exactly what a court would do. 7 Barbara did not provide OPC with an actual copy of … Under the payment scheme established by Republic and BMF, Republic would invoice BMF for an insurance premium shortly after coverage began.

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.

Jerry Wayne Trussell v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

699 F.2d 256 · Court of Appeals for the Fifth Circuit · May 9, 1983

At trial, Jorgensen denied that he said that; it is established however that the truck did, in fact, have those words on the rear bumper. … Clearly there is no basis in fact for any claim of restriction of cross examination as to Brown’s initial appearance upon the witness stand.

Madalyn Murray O'Hair and Society of Separationists, Inc. v. Mark White

675 F.2d 680 · Court of Appeals for the Fifth Circuit · May 12, 1982

She clearly has standing to challenge that system. Cf. Carter v. … This claim presents such a situation, for suits arising under the guarantee clause clearly present nonjusticiable political questions. E.g. Luther v.

Bender v. Brumley

Court of Appeals for the Fifth Circuit · Sep 3, 1993

immunity, which the district court elected to carry with the case to trial, is not before us on appeal. 5 and harassment.4 At the close of the officers' evidence at trial, … Morel . . . was not the clearly established law in the Fifth Circuit on February 20, 1989, hence the test enunciated in Johnson is not applicable to the facts in this case.

Owens Ex Rel. SeaRiver Maritime, Inc. v. SeaRiver Maritime, Inc.

272 F.3d 698 · Court of Appeals for the Fifth Circuit · Nov 27, 2001

If Owens’s loading and unloading the barges as a member of the Strike Team is nonseaman's work under the FLSA, then Owens performed a substantial amount of nonseaman's work and hence cannot qualify as a seaman for purposes … Clearly, it was not established as a matter of law that Owens was a seaman while a member of the Strike Team.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Moore v. U.S. Dept. of Agriculture on Behalf of Farmers Home Admin.

Court of Appeals for the Fifth Circuit · Jun 30, 1993

This statement apparently reflected the policy of the Agriculture Department in implementing the Socially Disadvantaged Farm Ownership Outreach program, established pursuant to the Agricultural Credit Act of 1987, 7 U.S.C … His claim is that his application for the position of kitchen orderly should not be denied solely because of his race, clearly unconstitutional conduct....

Western Company of North America, J & L Tank, Inc., Grayco Electrical, Inc. And Aggregate Plant Products Company v. United States

699 F.2d 264 · Court of Appeals for the Fifth Circuit · Mar 4, 1983

The Government claimed that Western’s vehicles fell within the 1977 regulation’s definition of highway vehicle, and qualified under neither exception. … Finally, Western rounded out its position by claiming that even if the new regulation applied, its vehicles qualified under two of the exemptions from taxation set out in the new regulation.

Peters v. Ashcroft

383 F.3d 302 · Court of Appeals for the Fifth Circuit · Aug 27, 2004

or which would establish the other’s complicity in its commission. … As the Ninth Circuit acknowledged, “Congress has clearly spoken against aliens who abuse the hospitality of the United States by committing drug-related crimes.”

Markle Interests, L.L.C. v. United States Fish & Wildlife Service

827 F.3d 452 · Court of Appeals for the Fifth Circuit · Jun 30, 2016

set aside agency action, findings, and conclusions found to be&emdash;(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … The Landowners argue that because the benefits of excluding Unit 1 from the designation clearly outweigh the benefits of including it in the designation, the Service’s decision is arbitrary and capricious.

Simuel Brent Schutz, Jr. v. United States

422 F.2d 991 · Court of Appeals for the Fifth Circuit · Feb 17, 1970

Nor did he, then or afterwards, offer to report for induction at any future date. 17 Rather than report for induction, Schutz chose to rely on the claim that he was immune to the draft because there were no Negroes on his … where his induction will be accomplished, '(4) to obey the orders of the representatives of the Armed Forces while at the place where his induction will be accomplished, duction will be accomplished, '(6) if he is found not qualified