Case law

United States v. Barlow

Court of Appeals for the Fifth Circuit · Dec 20, 1994

During that trial, Cynthia testified for the prosecution in exchange for the government's grant of immunity. … The record does not reflect that this factual finding was clearly erroneous. 25

Oscar Renda Contracting v. City of Lubbock, Tex.

577 F.3d 264 · Court of Appeals for the Fifth Circuit · Jul 21, 2009

The opinion makes mention of the origin of the dispute in a possible violation of city ordinance, but clearly, numerous hotly disputed issues were construction and contract related issues going far beyond issues of code compliance … As the Supreme Court put it, “[a]n employee who makes an unprotected statement is not immunized from discipline by the fact that this 13

United States v. Rojas Alvarez

451 F.3d 320 · Court of Appeals for the Fifth Circuit · Jun 1, 2006

The officers’ testimony clearly supports the jury verdict that the drugs were -6- located within 1000 feet of Beal Park, but gives no indication that the park qualifies … Horsley, 56 F.3d 50, 51–52 (11th Cir. 1995) (affirming a conviction where the evidence was sufficient to establish that the elements of the definition of “playground” as established by Congress were met); United States.

United States v. Miriam Henao Posado, Pablo Ramirez and Irma Clemencia Hurtado

57 F.3d 428 · Court of Appeals for the Fifth Circuit · Jun 20, 1995

Stan Abrams, Ph.D., to establish that polygraph technique possesses sufficient scientific validity to be admissible. … That fact is clearly relevant, because it tends to prove that the search was not valid.

Auster Oil & Gas, Inc. v. Matilda Gray Stream

764 F.2d 381 · Court of Appeals for the Fifth Circuit · Jul 1, 1985

The court held that Auster had not alleged facts sufficient to establish the “state action” that section 1983 requires. … In any event, Auster’s factual allegations established its right to undertake to produce evidence at trial demonstrating unreasonableness.

National Oilwell Varco v. Auto-Dril

68 F.4th 206 · Court of Appeals for the Fifth Circuit · May 12, 2023

“To establish fraud on the court, ‘it is necessary to show an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’” First Nat’l Bank of Louisville v. … As we explained in Rozier, “only the most egregious misconduct” qualifies as a fraud on the court. 573 F.2d at 1338 (quoting Int’l Tel. & Tel. Corp., 349 F. Supp. at 29).

Tanner v. Harris

Court of Appeals for the Fifth Circuit · Dec 14, 2001

Although his third argument is difficult to construe, he appears to contend that Valentine is not entitled to qualified immunity from his excessive-force claim, and that he did not pose any threat to the officers and was … Because the facts do not support Tanner’s excessive-force claim, it is unnecessary to address Valentine’s qualified immunity. AFFIRMED. 7

United States v. Marcelo Montanez-Trejo

708 F. App'x 161 · Court of Appeals for the Fifth Circuit · Sep 5, 2017

is for the purpose of establishing that it is a “crime of violence” subject to U.S.S.G. § 2L1.2(b)(1)(A)(ii). … Such an error, if it exists, is insufficient to qualify as plain error.

United States v. Garza-Robles

627 F.3d 161 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

“A factual finding is not clearly erroneous as long as it is plausible in light of the record as a whole.” Id. at 322-23. … It was plausible for the district court to conclude these injuries involved “extreme pain” and therefore qualified as serious bodily injuries.

Gavagan v. U.S.

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

M/V Hellenic Champion, 627 F.2d 724, 727-728 (5th Cir. 1980) (". . . the appellant has the burden of establishing that the district court's finding was clearly 5 The quoted mention of "defendant's negligence in … We hold that Gavagan has not established that the district court's findings in this respect are clearly erroneous.

State of Louisiana v. Verity

853 F.2d 322 · Court of Appeals for the Fifth Circuit · Aug 15, 1988

In addition, many shrimpers have successfully constructed and installed qualified, homemade TEDs, at a much lower cost. … De Castro, 429 U.S. 181, 185 , 97 S.Ct. 431, 434 , 50 L.Ed.2d 389 (1976) (imperfect classifications are constitutional unless "clearly wrong, a display of arbitrary power, not an exercise of judgment")

Peter Calagaz, on Behalf of Himself and All Other Members of Marine Engineers' Beneficial Association No. 14, Afl-Cio, Mobile, Alabama v. Jesse M. Calhoon and Julius Dembicki, Peter Calagaz, on Behalf of Himself and All Other Members of Marine Engineers' Beneficial Association No. 14, Afl-Cio, Mobile, Alabama v. W. G. Kellogg, Individually, as Agent, Etc.

309 F.2d 248 · Court of Appeals for the Fifth Circuit · Oct 10, 1962

If the doctrine were carried to its logical extreme, unincorporated associations would enjoy virtual immunity from suit in federal courts. … Kellogg, who had already established offices there.

Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-Appellee

138 F.3d 1036 · Court of Appeals for the Fifth Circuit · May 27, 1998

Trial courts have “wide discretion” in deciding whether or not a particular witness qualifies as an expert under the Federal Rules of Evidence. See Fed. R. … These rulings, however, do not establish that the underlying claims were “frivolous, unreasonable or groundless.” See Hughes v.

United States v. Paul H. "Bud" Holmes

822 F.2d 481 · Court of Appeals for the Fifth Circuit · Jul 7, 1987

The record, including that of the Rule 35 hearing, clearly indicates the trial Judge intended for Holmes to, at a minimum, serve a prison term and in addition, if possible, pay a fine. … the prisoner, but by an appropriate amendment of the invalid sentence by the court of original jurisdiction____The Constitution does not require that sentencing should be a game in which the wrong move by a judge means immunity

Black v. MS Dept of Rehabilitation Svc

Court of Appeals for the Fifth Circuit · Jul 5, 2023

establishes a prima facie case by showing that she (1) is a member of a protected class; (2) was qualified and applied for a position; (3) was rejected; and (4) was passed over by the employer so it could promote … Black failed to offer evidence from which a factfinder could infer that she was “clearly better qualified” than Elrod. See Price v. Fed. Exp. Corp., 283 F.3d 715, 723 (5th Cir. 2002).

Vitol v. United States

Court of Appeals for the Fifth Circuit · Mar 23, 2022

(“Needless to say, this letter does not qualify as legislative ‘history,’ given that it was written 13 years after the amendments were enacted. … The above approach is simply not enough to show that Congress clearly intended a different meaning. III.

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.

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.

Montgomery v. Brookshire

Court of Appeals for the Fifth Circuit · Sep 26, 1994

By contrast, the deputy sheriffs in Ector County are clearly bottom-level employees. … Establishing a prima facie case essentially creates a presumption that the employer unlawfully discriminated against the employee. St. Mary's Honor Center v.

United States v. Reliford

210 F.3d 285 · Court of Appeals for the Fifth Circuit · Apr 14, 2000

Sellers testified that the organization ran smoothly and that, although he was involved in the conspiracy, he was not considered “qualified” to formally join the operation. … Defendant Clinton Defendant Clinton contends that the district court clearly erred by enhancing his sentence under U.S.S.G. § 2D1.1(b) for possession of a dangerous weapon.