Case law

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.

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).

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.

Lloyd Flanner v. Chase Investment Svcs Corp.

600 F. App'x 914 · Court of Appeals for the Fifth Circuit · Feb 2, 2015

Green burden-shifting framework, the employee must first establish a prima facie case of age discrimination by showing that “(1) he was discharged; (2) he was qualified for the position; (3) he was within the protected class … ADA Claim To establish a prima facie case for violation of the ADA, a plaintiff must show “that (a) she is disabled, has a record of having of having a disability, or is regarded as disabled, (b) she is qualified for

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.

Amado Salazar Calderon, Cross-Appellants v. Presidio Valley Farmers Association, Cross-Appellees. Presidio Valley Farmers Association, Cross-Appellee v. Antonio Montelongo, Intervenors-Defendants, Appellees-Cross-Appellants. Amado Salazar Calderon v. Presidio Valley Farmers Association, Presidio Valley Farmers Association, Plaintiff-Counter Claim v. Ray Marshall, Etc., Antonio Montelongo, Intervenors-Defendants and Counter Claim

863 F.2d 384 · Court of Appeals for the Fifth Circuit · Jan 20, 1989

PVFA contends that the expert was not qualified to testify about printouts based on inadmissible evidence. … The district court's disposition of this issue is protected by the clearly erroneous standard.

United States v. Jimmie T. Duvall and Alfred Grant Revette

846 F.2d 966 · Court of Appeals for the Fifth Circuit · May 24, 1988

They argue that King represented himself as a co-owner of Mid-State who was willing to earn less profit in order to establish his business and that he charged a lower price than what a state list established to be a “good … Clearly, the defendants’ statutory and fourth amendment arguments are meritless for the reasons stated by the district court and set forth in Ca-ceres.

Parsons v. Ford Motor Co.

669 F.2d 308 · Court of Appeals for the Fifth Circuit · Mar 5, 1982

Q That is, if you are not a qualified fleet buyer? *312 A Yes. Q And you weren’t, were you? A No. Deposition of Thomas Wayne Parsons, vol. 1, at 421-22. . … The fleet allocation system was clearly designed to facilitate sales to legitimate fleet end-users. Plaintiff admittedly did not fit in that category.

Whitehead v. United States

245 F. 385 · Court of Appeals for the Fifth Circuit · Oct 4, 1917

procedure; no one should be permitted to plead that he would not have violated the laws of his country, except for his confidence that foolish and illogical rulings would continue to be observed, whereby he would have acquired immunity … But the accumulated evidence, aided as it was by evidence of the subsequent conduct of the company, and by the correspondence with which tire misrepresentations were always followed up, clearly indicates an established course

Securities And Exchange Commission v. Resource Development International, Llc

487 F.3d 295 · Court of Appeals for the Fifth Circuit · May 18, 2007

In this circuit, proving that IERC operated as a Ponzi scheme establishes the fraudulent intent behind the transfers it made. Id. at 558 . … Based on these two findings, the transfer qualifies as fraudulent under § 24.005(a)(2).

United States v. Eugene C. Foshee and Wheeler G. Foshee, Jr.

569 F.2d 401 · Court of Appeals for the Fifth Circuit · Mar 10, 1978

The Foshees contend that the government did not establish the use of the mails, one of the essential elements of a § 1341 conviction. … The scheme and its activation does not have to be successful in order to qualify as a crime under the mail fraud statute, as I have defined that statute for you.

EEOC v. BDO USA, L.L.P.

Court of Appeals for the Fifth Circuit · May 8, 2017

“The clearly erroneous standard of review applies to the district court’s factual findings.” King v. Univ. Healthcare Sys., L.C., 645 F.3d 713, 721 (5th Cir. 2011) (quoting United States v. … Ill. 2000) (“[D]escribing a document as ‘legal advice’ . . . is not the same as establishing that the documents are immune from discovery.”).

Mota v. University of Texas Houston Health Science Center

261 F.3d 512 · Court of Appeals for the Fifth Circuit · Aug 9, 2001

Unpaid leave facially qualifies as a benefit. … In sum, a jury could have determined that the University failed to meet its burden of proof in establishing its affirmative defenses.

Crowe v. Smith

151 F.3d 217 · Court of Appeals for the Fifth Circuit · Aug 12, 1998

Dollar objects to the request on grounds of attorney-client privilege and work product immunity. On May 5, Berry responded to the discovery requests on behalf of his fourth and final director client. … To the extent that the district court concluded to the contrary, it was clearly in error.

William C. Ferguson v. Alvin I. Thomas

430 F.2d 852 · Court of Appeals for the Fifth Circuit · Aug 13, 1970

When no established procedures exist the school may adopt any method that is adequate to comply with the above mínimums. Freeman v. Gould Special School District, supra. … Ferguson submitted an application blank to qualify his premises for the 1967-68 school year. On September 21, 1967 Dr. Ferguson exchanged written communications with Dean of Men, Leroy Marion, in which Dr.

United States v. Richard Higgins

Court of Appeals for the Fifth Circuit · Jan 20, 2014

.”); Portillo, 18 F.3d at 292–93 (“We hold [ ] that when the record of the Rule 11 hearing clearly indicates that a defendant has read and understands his plea agreement, and that he raised no question regarding a waiver-of-appeal … maximum under the plea agreement—in which Higgins acknowledged a prior conviction under Louisiana law relating to the “abusive sexual conduct involve- ing a minor or ward”—was forty years; the maximum in the absence of such a qualifying

Robinson v. Guarantee Trust Life Insurance

389 F.3d 475 · Court of Appeals for the Fifth Circuit · Oct 28, 2004

It therefore ruled, as a matter of law, that the facts thus established did not create liability on the part of GTL. … Under the Reinsurance Agreement, GTL clearly promised to pay to the appropriate agents whatever commissions were due “on premiums received in connection with” all policies assumed by GTL after the closing date.

Deidre Seim v. HomeAway, Incorporated

Court of Appeals for the Fifth Circuit · May 15, 2018

See In re AdvancePCS Health LP, 172 S.W.3d 603, 607 (Tex. 2005) (observing that defendant had “established the existence of an arbitration clause governing [the] dispute,” 6 … Because the April 2016 Terms expressly incorporate the AAA rules, the parties have clearly and unmistakably demonstrated their intent to delegate. See Petrofac, 687 F.3d at 674.

Metro Ford Truck Sales, Inc. v. Ford Motor Co.

145 F.3d 320 · Court of Appeals for the Fifth Circuit · Jun 26, 1998

Because the third-party RICO claim could not provide removal jurisdiction, it qualifies as an “otherwise non-removable” claim. … Although the CPA program was involved in both the antitrust and RICO actions, the claims rely on different supporting facts and clearly seek separate relief for distinct wrongs.

United States v. Michael Thomas

877 F.3d 591 · Court of Appeals for the Fifth Circuit · Dec 11, 2017

By providing immunity from the damage statute to any “malicious insider” who was permitted to cause “damage” in some situations as part of his job duties, Thomas’s interpretation would substantially curtail the statute’s … That is because even if a statute might be vague when applied to some situations, “a defendant whose conduct is clearly prohibited cannot be the one making that challenge.” United States v.