Case law

Canutillo Independent School District v. National Union Fire Insurance Co. of Pittsburgh

99 F.3d 695 · Court of Appeals for the Fifth Circuit · Nov 14, 1996

court reasoned in its first summary judgment opinion as follows: In Truman, the court considered "arising out of" language [in the assault and battery exclusion to the United States's waiver of sovereign immunity … By contrast, the first amended Mendoza complaint clearly and repeatedly alleges that the plaintiffs were sexually assaulted and physically abused by Perales.

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. .

Brian Arceneaux v. Assumption Parish School Board

Court of Appeals for the Fifth Circuit · May 17, 2018

CONCLUSION For the aforementioned reasons, we AFFIRM. 6 The parties acknowledged that the district court did not rule on Principal Arceneaux’s qualified immunity claim. … Because the district court granted APSB’s motion for summary judgment in its entirety and dismissed Arceneaux’s claims with prejudice, it was not necessary for the court to conduct a qualified immunity analysis.

United States v. Griffin

Court of Appeals for the Fifth Circuit · Mar 25, 2003

Griffin argues that Martin's testimony was improper because he was never qualified as an expert witness under Rule 702 of the Federal Rules of Evidence, and because the government did not establish a factual foundation … The record does not indicate that there was a separate hearing detailing whether Mitchell qualifies for restitution as a “proximate victim” and what amount he should receive if he does qualify

Janvey v. Alguire

628 F.3d 164 · Court of Appeals for the Fifth Circuit · Dec 15, 2010

The parties do not attempt to establish or distinguish similar facts here. . … Clearly, TUFTA contemplates the application of equitable standards, encompassing the usual elements necessary to obtain a preliminary injunction. .

Patterson v. Belcher

302 F.2d 289 · Court of Appeals for the Fifth Circuit · Apr 19, 1962

The evidence of record establishes that the partnership was primarily in the business of selling timber. W. A. … Once the year of the taxable event is established, the taxable consequences follow as a matter of course.

Charles D. McDonald v. Charles M. Bennett and James v. Belvedere, Charles M. Bennett v. Charles D. McDonald

674 F.2d 1080 · Court of Appeals for the Fifth Circuit · May 7, 1982

McDonald’s guarantee to Bennett as partial payment of his securities debt hardly qualifies as a consumer transaction. … This is clearly a “proportion” acceptable under Texas law. See, e.g., Miley v.

United States v. Baker

538 F.3d 324 · Court of Appeals for the Fifth Circuit · Jul 30, 2008

of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified … The sponsoring witness clearly had no firsthand knowledge of the exhibit’s chain of custody. The Government offered no independent evidence sufficient to show that Baker uploaded to Yahoo the images in Exhibit 3.

Pfau v. Reed

125 F.3d 927 · Court of Appeals for the Fifth Circuit · Oct 27, 1997

By establishing the occurrence of sexually harassing conduct, a plaintiff may at the same time establish the existence of extreme and outrageous conduct. … Leija, 101 F.3d 393, 397 (5th Cir.1996) (“[T]he Fourth Circuit has explained, ‘[The agent] need not have ultimate authority to hire and fire to qualify as an employer, as long as he or she has significant input into such

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.

Resendiz v. Dretke

452 F.3d 356 · Court of Appeals for the Fifth Circuit · Jun 7, 2006

Here, the record establishes, and Resendiz does not dispute, that the notice of appeal was not filed within the 30-day period. … Effective December 1, 2005, subsection (6) was amended “to specify more clearly what type 3  (5) Motion for Extension of Time.

Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary

646 F.2d 873 · Court of Appeals for the Fifth Circuit · Nov 17, 1980

Bordenkircher clearly evidences the Supreme Court’s acceptance of plea bargaining as an integral part of the criminal justice system. … Since the rule clearly sets out what the trial judge must find before accepting a guilty plea, “we are warranted in regarding the court’s acceptance of the plea as a positive finding on each, reviewable under the clearly

Austin v. North American Forest Products

656 F.2d 1076 · Court of Appeals for the Fifth Circuit · Sep 21, 1981

Though neither has qualified or been formally authorized to do business in Louisiana, both have conducted business in Louisiana. . … This particular finding of fact is clearly erroneous.

Resolution Trust Corporation v. William Kimball

963 F.2d 820 · Court of Appeals for the Fifth Circuit · Jul 24, 1992

The letters of credit 6 provides, in relevant part: 23 We hereby establish this irrevocable letter of credit in favor of Sunbelt Savings, 4954 N. … Chapman's affidavit, although containing the conclusory allegation that he is qualified to testify as an expert, contains sufficient allegations of personal knowledge of the banking industry and, in particular, letters of

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.

NGS American, Inc. v. Barnes

998 F.2d 296 · Court of Appeals for the Fifth Circuit · Aug 20, 1993

Masco established a Self-Funded Employee Benefit Plan (Masco Plan) to provide medical and other benefits to its employees. … Masco is clearly governed by ERISA, and NGS is its administrator.

Brady Pamplin, Sheriff of Falls County, Texas and the State of Texas v. Alexander Mason

364 F.2d 1 · Court of Appeals for the Fifth Circuit · Jul 27, 1966

The court overruled petitioner’s request that the jurors be examined individually and qualified them as a group. … Justice Clark dissented, because the Court had established no clear nexus between the television program and prejudice of the jury at the trial two months later. In Turner v.

United States v. Alvaro Mejia-Aguilar

575 F. App'x 233 · Court of Appeals for the Fifth Circuit · Jul 8, 2014

. § 2L1.2 cmt. n. 5 explaining that [qualifying offenses include the inchoate offenses of aiding and abetting, conspiracy, and attempt] is not an exhaustive list . . . … the commission of a felony or misdemeanor, . . . commands, encourages, requests or solicits another person to engage in specific conduct which would constitute the felony or misdemeanor or which would establish

United States v. Cristobal Cervantes

Court of Appeals for the Fifth Circuit · Apr 12, 2013

It is a well established rule that a defendant’s decision not to testify at trial may not be commented on during the course of the trial. Doyle v. Ohio, 426 U.S. 610, 617–18 (1976); United States v. … Only now, on appeal, does Alvarez challenge the government’s failure to prove that his bulletproof vest qualified as such.

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.