Case law

Southern Rock, Inc. v. B & B Auto Supply

711 F.2d 683 · Court of Appeals for the Fifth Circuit · Aug 11, 1983

As the Supreme Court recognized in Phelps , a levy establishes the government’s right to property relative to the taxpayer. … The government responds that federal tax liens prime interests that are not clearly “first in time,” and, more specifically, that the rule that it prevails in cases of simultaneously attaching interests ought to be applied

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....

United States v. Orange Jell Beechum

582 F.2d 898 · Court of Appeals for the Fifth Circuit · Oct 25, 1978

For example, the Sixth Circuit still requires a *923 “substantial similarity” between the extrinsic and charged offenses as a “prerequisite to qualify for one of the exceptions” in Rule 404(b). 12 The Second Circuit continues … But then the majority goes on to state that in this particular case the evidence “clearly” supports incriminating findings. (Id. at p. 916.)

Janvey v. Alguire

647 F.3d 585 · Court of Appeals for the Fifth Circuit · Jul 22, 2011

The Eighth Circuit held that “where the [Federal Arbitration Act (“FAA”)] is applicable to the dispute between the parties and no qualifying language has been alleged, the district court errs in granting injunctive relief … a district court may issue a preliminary injunction while arbitration is pending because the agreement in that case clearly provided for preliminary injunctions.

United States v. Johnson

178 F.3d 1290 · Court of Appeals for the Fifth Circuit · Apr 6, 1999

The record does not indicate that Kilinc received immunity for her testimony or that she had the criminal intent required to be an accomplice. See United States v. … Finally, Johnson argues that the district court clearly erred in determining the amount of loss attributable to his criminal conduct.

United States v. Howard Halverson

897 F.3d 645 · Court of Appeals for the Fifth Circuit · Jul 30, 2018

At the time of the final presentence report (“PSR”), the government had indicated that Halverson would receive a three-level reduction for acceptance of responsibility: two for “clearly demonstrat[ing] acceptance of responsibility … If there was a procedural error, remand is required unless the government can establish that the error was harmless. See United States v. Delgado–Martinez, 564 F.3d 750, 752–53 (5th Cir. 2009).

United States of America and Gerald T. Culver v. Robert I. White

487 F.2d 1335 · Court of Appeals for the Fifth Circuit · Nov 28, 1973

The government apparently seeks to establish a novel rule that unless the client himself participates in hearings such as the one held before the agent of the Internal Revenue Bureau, he waives his Constitutional rights. … Clearly, if the taxpayer in this case, or in House, had been subpoenaed and directed to produce the documents in question, he could have properly refused. The government concedes this.

In Re Katrina Canal Breaches Litigation

495 F.3d 191 · Court of Appeals for the Fifth Circuit · Aug 2, 2007

It is the particular insurance policy of the insured that establishes the limits of liability and it is well established that this contract of insurance is the law between the parties. … of the government's immunity may be broader than the exclusions in the policies before us, which we must strictly construe.

Hornbuckle v. State Farm Lloyds

385 F.3d 538 · Court of Appeals for the Fifth Circuit · Sep 10, 2004

fraudulent joinder claim remand appropriate to determine not by “a full dress trial on the merits” but “[b]y summary judgment or otherwise” whether local defendant was in fact within scope of employment and hence immune … The record clearly contains no summary judgment type evidence sufficient to sustain a finding that Kirkpatrick violated Article 14 21.21 (or the DPTA) or other legal duty owed by

Wood Group Production Services v. DOWCP

Court of Appeals for the Fifth Circuit · Jul 22, 2019

None of the facts was disputed, and the only question was whether Malta was qualified to recover under the Act. … The court concluded that the “[o]re at this stage is clearly no longer being ‘unloaded’ from a vessel in any sense of the word.” Id.

United States v. Kennedy Polidore

690 F.3d 705 · Court of Appeals for the Fifth Circuit · Aug 13, 2012

The Court qualified this holding, however, by concluding that where a declarant’s “statements were neither a cry for help nor the provision of information enabling officers immediately to end a threatening situation, the … We do not mean to suggest that the caller knew the elements of the charged offense, but the caller in this case clearly understood that the police’s arrest of Polidore in possession of a “large amount” of crack cocaine would

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.

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

Hull v. Ford

236 F. App'x 972 · Court of Appeals for the Fifth Circuit · Jun 25, 2007

PER CURIAM:* Ben Bolech appeals from the district court’s denial of his motion for summary judgment on the grounds of qualified immunity. … Rather, he argues that he was entitled to qualified immunity because Hull’s injuries are de minimus. A showing of some type of injury, more than de minimus, is necessary to assert an excessive force claim.

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.

Seth B. Ex Rel. Donald B. v. Orleans Parish School Board

810 F.3d 961 · Court of Appeals for the Fifth Circuit · Jan 13, 2016

I The Individuals with Disabilities Education Act (IDEA) seeks “to ensure that all children with disabilities have available to them a free appropriate public education.” 1 To this end, it establishes a process by which school … Petitioners dispute this factual finding, but we do not find it clearly erroneous in light of the record evidence cited below. .

More v. Intelcom Support Services, Inc.

Court of Appeals for the Fifth Circuit · May 20, 1992

This argument is clearly circular. … Rather, the Treaty clearly envisions processes other than resort to the judiciary.

James W. Yarbro and Mary E. Yarbro v. Commissioner of Internal Revenue Service

737 F.2d 479 · Court of Appeals for the Fifth Circuit · Jul 30, 1984

On February 15,1973, Taxpayer herein, as trustee, filed the Section 761 election, reciting that the joint venture “qualifies for the election as an investing partnership.” … Accordingly, the tax court’s finding that the property was a capital asset in Taxpayer’s hands was not clearly erroneous, and must stand. AFFIRMED. 1 . Mary E.

Johnson v. Davenport

Court of Appeals for the Fifth Circuit · Nov 21, 2000

PER CURIAM:* Plaintiff-Appellant Patricia Johnson appeals from the district court's grant of summary judgment in favor of Defendant-Appellant James Davenport based on qualified immunity. … We find that although Johnson may have alleged a violation of a clearly established constitutional right, a reasonable officer could have believed that the arrest was lawful under the circumstances.

Trans-Serve, Inc. v. United States

521 F.3d 462 · Court of Appeals for the Fifth Circuit · Mar 19, 2008

.2d 1235, 1241 (5th Cir.1988) ("In accordance with Boyle , we shall review the Tax Court’s findings regarding the existence or presence of circumstantial factors which might have given rise to reasonable cause under the clearly … United States, 449 F.2d 228, 234 (5th Cir.1971) (taxpayer cannot establish reasonable cause based upon purported reliance on advice from IRS); United States v.