Case law

SEC v. World Tree

43 F.4th 448 · Court of Appeals for the Fifth Circuit · Aug 4, 2022

However, it is well settled that “scienter may be established by circumstantial evidence.” SEC v. Fox, 855 F.2d 247, 253 (5th Cir. 1988) (first citing Dirks v. … The only qualifier to this language 12 came in August 2015—after Schwab began its investigation.

Mirza v. Garland

996 F.3d 747 · Court of Appeals for the Fifth Circuit · May 12, 2021

In that decision, the Attorney General first determined that the plain meaning of “reasonable grounds” comports with the well-established standard for “probable cause.” See 23 I. & N. at 788–89. … Here, the Government clearly raised the issue in its appellate brief to the BIA. And the BIA addressed the issue of Mirza’s terrorist-organization membership in its published opinion.

United States v. Rita Ann Cardenas and Shamsideen Abiodun Lawal

9 F.3d 1139 · Court of Appeals for the Fifth Circuit · Jan 27, 1994

In reviewing a district court’s denial of a motion to suppress, we review factfindings under the clearly erroneous standard. United States v. … He thus argues that his conviction should be set aside because the admissible evidence was not sufficient to establish his guilt. 1.

Payne v. Speer

Court of Appeals for the Fifth Circuit · Mar 24, 2004

Defendants filed a motion for summary judgment asserting qualified immunity. … For the reasons stated above, we REVERSE the district court's order denying qualified immunity to Scott, Peterson, Godwin, Staples, Boothe, Jansa and Bailey. 3

Abbott v. Biden

70 F.4th 817 · Court of Appeals for the Fifth Circuit · Jun 12, 2023

He left undisturbed “[o]ther standing Departmental policies, procedures, and processes regarding immunizations.” Ibid. … A standing army may be perpetually established in their stead.

Trinity Marine Products, Inc. v. Chao

512 F.3d 198 · Court of Appeals for the Fifth Circuit · Dec 26, 2007

No previous appellate decision has established any law for this case. … In re Establishment Inspection of Skil Corp., 846 F.2d 1127, 1132 (7th Cir. 1988).

United States v. Mark Milan

Court of Appeals for the Fifth Circuit · Jan 31, 2013

As explained above, Alvarez clearly knew that the group’s plan involved drugs. … Only now, on appeal, does Alvarez challenge the government’s failure to prove that his bulletproof vest qualified as such.

Creative Vision Res., L.L.C. v. Nat'l Labor Relations Bd.

882 F.3d 510 · Court of Appeals for the Fifth Circuit · Feb 14, 2018

Under the Act, when an employer qualifies as a “successor” to another, it is “bound to recognize and bargain with the union” that represented its predecessor’s employees. NLRB v. Burns Int’l Sec. … Had they previously done so, Creative’s inclusion of tax forms would not clearly signal a change in employment terms.

Ehm v. National Railroad Passenger Corp.

732 F.2d 1250 · Court of Appeals for the Fifth Circuit · May 29, 1984

The statute specifically provides that Amtrak “will not be an agency or establishment of the United States Government.” 45 U.S.C. § 541 . … Both the Senate bill and the report accompanying the House bill extending the definition of “agency” clearly contemplated that Amtrak would be made subject to the Privacy Act.

McDaniel v. Camp (In Re Camp)

59 F.3d 548 · Court of Appeals for the Fifth Circuit · Aug 2, 1995

(holding that when deemed admissions established all elements of claim, claim had been established as a matter of law); Frierson, 172 S.W.2d at 393 (holding that because admitted facts "established in favor of [requesting … Security Pacific Brokers, Inc., 835 F.2d 607, 608 (5th Cir.1988) (holding that dismissal as sanction for discovery abuse qualified as judgment on merits). The Texas courts have acted similarly.

United States v. Miguel Mendoza Solis

613 F. App'x 336 · Court of Appeals for the Fifth Circuit · Jun 4, 2015

This court will uphold the district court’s decision whether a defendant qualifies for the safety valve if it is not clearly erroneous. United States v. McCrimmon, 443 F.3d 454, 457 (5th Cir. 2006). … Solis contends that, although he did not initially identify the supplier for whom he worked, he did so prior to sentencing and thus qualified for the reduction.

Sharp v. Johnson Bros.

917 F.2d 885 · Court of Appeals for the Fifth Circuit · Nov 21, 1990

To qualify as a seaman under the Jones Act, an injured maritime worker must establish that he was permanently assigned to or performed a substantial por *888 tion of his work aboard a vessel or fleet of vessels. … Our cases illustrate clearly “that the question of seaman status should only be removed from the trier of fact (by summary judgment or directed verdict) in rare circumstances and that even marginal Jones Act claims should

Beavers v. Brown

Court of Appeals for the Fifth Circuit · Jan 28, 2004

The district court did not clearly err in finding that the sexual relationship between Beavers, an inmate, and Deputy Corral was consensual. Cf. Theriot v. … P. 7 reply to the defendants’ qualified immunity defense because the court dismissed Sheriff Brown and the County on grounds other than qualified immunity. See Schultea v.

League of United Latin American Citizens, Council No. 4434 v. Clements

999 F.2d 831 · Court of Appeals for the Fifth Circuit · Aug 23, 1993

The record shows that no black judge was elected there between 1985 and 1989. 41 Expert evidence establishes that fourteen eligible attorneys in Jefferson County, 3.1% of the qualified bar, are black. … It reasons: 327 The evidence in Dallas County clearly establishes that judicial elections are decided on the basis of partisan voting patterns.

Amado Salazar-Calderon, Cross-Appellees v. Presidio Valley Farmers Association, Cross

765 F.2d 1334 · Court of Appeals for the Fifth Circuit · Jul 25, 1985

The court also found that PVFA qualified as a “farm labor contractor” under the FLCRA, thus triggering the obligations of that act. … The Act regulated both those who qualified as farm labor contractors and those who employed such contractors.

McMurtray v. Holladay

Court of Appeals for the Fifth Circuit · Dec 29, 1993

While those 29 individuals (including the three appellants) may have lost their jobs, the Act was intended to affect every employee at the DED, which qualifies as a general class of people. See O'Bannon v. … property interest and whether they were denied legislative due process is not similarly barred because Congress has the power with respect to the rights protected by the Fourteenth Amendment to abrogate Eleventh Amendment immunity

Jones v. Commissioner

640 F.2d 745 · Court of Appeals for the Fifth Circuit · Mar 27, 1981

When a taxpayer seeks to establish an agency relationship with a controlled corporation, the standards against which we test this relationship are established by the Supreme Court case, National Carbide Corp. v. … The findings of fact by the Tax Court will not be disturbed unless such findings are clearly erroneous. Northern Natural Gas Company v. Commissioner of Internal Revenue, supra; Greer v.

Stroman Realty, Inc. v. Wercinski

513 F.3d 476 · Court of Appeals for the Fifth Circuit · Jan 14, 2008

Moreover, the connection Stroman seeks to establish between the Commissioner and Texas is based entirely on the unilateral actions and decisions of Stroman, not the Commissioner. … We are unwilling to establish such a broad principle. 2.

Little v. Doguet

Court of Appeals for the Fifth Circuit · Jun 21, 2023

For those individuals who do not qualify for automatic release, the commissioner sets secured bond at the amount specified on the warrant or, where no warrant exists, determines an amount. … Although the form provides alternatives to money bail that the com- missioner may consider, the district court found that in practice he either re- tains the established bond amount or refers the arrestee to possible

Downey v. Strain

510 F.3d 534 · Court of Appeals for the Fifth Circuit · Dec 12, 2007

The jury found, however . . . that Lubke’s leave qualified under FMLA. … Thus, Lubke clearly proved prejudice because, absent a finding . . . that his medical certification was untimely as a matter of law, he could have submitted the doctors’ reports and not been fired.