Case law

United States v. Amy Unknown

636 F.3d 190 · Court of Appeals for the Fifth Circuit · Mar 22, 2011

We need not reach the issue whether a crime victim has a right to a direct appeal, because the district court clearly and indisputably erred in grafting a proximate causation requirement onto the CVRA. … It is best qualified to determine Amy’s total harm and the fraction due to Paroline’s crime.

Travelers Indemnity Co. v. Calvert Fire Insurance

798 F.2d 826 · Court of Appeals for the Fifth Circuit · Aug 29, 1986

Clearly, parties can waive lack of personal jurisdiction. 5 C. Wright & A. Miller, Federal Practice and Procedure § 1351 at 564 (1969). … However, usually the carrying vessel will have a defense under the Carriage of Goods by Sea Act (COGSA), such as an error in navigation defense, that will make it immune from liability to the cargo owner.

Robert J. Guidry v. Bank of Laplace, Etc.

954 F.2d 278 · Court of Appeals for the Fifth Circuit · Feb 25, 1992

Howey, Co., 328 U.S. 293 , 66 S.Ct. 1100 , 90 L.Ed. 1244 (1946), the Supreme Court included an expectation of profits as one of the elements necessary to establish an investment contract. … Cypress Oilfield Construction is an exception to the well-established general Louisiana rule that a bank owes no duty to noncustomers.

Rumbaugh v. Procunier

753 F.2d 395 · Court of Appeals for the Fifth Circuit · Feb 20, 1985

We cannot tag that finding as clearly erroneous. … The clearly erroneous standard serves that purpose well.

Paul Kinnison v. City of San Antonio

480 F. App'x 271 · Court of Appeals for the Fifth Circuit · May 31, 2012

On the state of the record, we conclude that Kinnison did not establish that the City’s actions were unreasonable as a matter of law. … United States, 891 F.2d 1154, 1159 (5th Cir. 1990) (“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error 5  Case: 11-50333

United States v. Gresham

Court of Appeals for the Fifth Circuit · Aug 13, 1997

§ 5861(d) is firmly established, and we need not reconsider it. B. … Under this definition, the pipe bomb manufactured by Gresham qualified as a “firearm” under the act. 2 See also United States v.

Koch Industries, Inc., Cross-Appellant v. Sun Company, Inc., Cross-Appellees, and Champlin Refining & Chemicals, Inc., Defendant-Cross-Appellee

918 F.2d 1203 · Court of Appeals for the Fifth Circuit · Dec 12, 1990

In order to protect the pension benefits of these employees, the parties agreed to establish a special pension plan for them, called the Suntide Plan. … First, paragraph 2.3 of the Agreement of Sale clearly called for a cash purchase price for DeepSea of $9.4 million.

Elmo Patrick Sonnier v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Respondents

720 F.2d 401 · Court of Appeals for the Fifth Circuit · Feb 21, 1984

This exclusionary practice is contrary to the rule established by the United States Supreme Court in Witherspoon v. … United States, 413 F.2d 1226 , 1229 n. 5 (5th Cir. 1969), these allegations, if established, would defeat the claim. 18 .

Hammond v. Barnhart

124 F. App'x 847 · Court of Appeals for the Fifth Circuit · Mar 8, 2005

She claims she could not work because of ulceritive colitis, immune deficiency disease, mond’s pro se status.2 Second, Hammond irritable bowel syndrome, diarrhea, weakness, contends that (1) the … Sullivan, 925 F.2d 123, 125 (5th not introduced at the hearing established the sever- Cir. 1991). On the fifth, the Commissioner must ity of her depression.

United States v. Errol B. Resnick

455 F.2d 1127 · Court of Appeals for the Fifth Circuit · Jun 2, 1972

The District Court held — and we do not find it clearly erroneous — that once inside the cargo terminal the agents saw the Resnick freight stacked on a cargo pallet, that some of the packages were torn, and that in one they … The Secretary of the Treasury attempted to qualify his revocation of this regulation by a saving clause which would allow the continuation of all prosecutions pending under the discontinued regulation and the bringing of

United States v. John Chizoba Adi

759 F.2d 404 · Court of Appeals for the Fifth Circuit · Apr 19, 1985

Adi also sought to establish that Lloyd and Hall purchased the weapons for other Nigerians, Miki Onu and Michael Okolie, rather than himself. … Upon the record before us, we conclude that the trial judge “was exceptionally qualified” to pass on the credibility of Lloyd’s recanting affidavit. See United States v.

Septum, Inc., a Georgia Corporation v. Robert E. Keller, Individually and as District Attorney for Clayton County, State of Georgia

614 F.2d 456 · Court of Appeals for the Fifth Circuit · Mar 24, 1980

a State District Attorney, may take advantage of an artificial set of circumstances, created through the construct of an agreement it entered into with its potential prosecutor, to bring an action which would otherwise clearly … Dobbs, Remedies 25-26 (1973) ) are still governed by the previously established substantive principles of equity. C. Wright, Law of Federal Courts, 318 (3d ed. 1976); 30 C.J.S.

NetChoice v. Paxton

49 F.4th 439 · Court of Appeals for the Fifth Circuit · Sep 16, 2022

A district court abuses its discretion if it grants an injunction based on clearly erroneous factual findings or erroneous conclusions of law. Ibid. … Even assuming “editorial discretion” is a freestanding category of First-Amendment- protected expression, the Platforms’ censorship doesn’t qualify.

Stubbs, Overbeck & Associates, Inc. v. United States

445 F.2d 1142 · Court of Appeals for the Fifth Circuit · Jun 25, 1971

It is well to note here that the evidence shows clearly that the plaintiff did not use the per diem expense payments as a substitute for compensation for services rendered. … This was an ordinary and necessary business expense of the company, in line with its established policy, and essential to keeping qualified personnel on its staff who would be willing to work on temporary jobs away from home

Horn v. Owens-Illinois Employee Benefits Committee

424 F. App'x 312 · Court of Appeals for the Fifth Circuit · May 2, 2011

The Description clearly states that PTD claims must be filed “within 12 months from the last day worked.” … The Parker court held that PTD benefits were not a prerequisite for DRI benefits, despite the language in the second sentence, because “the [Description] does not clearly explain that a DRI applicant can only establish permanent

United States v. Lenin Juarez and Oscar Juarez

573 F.2d 267 · Court of Appeals for the Fifth Circuit · Jul 20, 1978

This Court must accept the trial court’s findings of fact on a motion to suppress, however, unless they are clearly erroneous, e. g., United States v. … Additionally, Júarez was given his Miranda rights, which the record reflects he clearly understood.

United States v. Sandra Ceballos

789 F.3d 607 · Court of Appeals for the Fifth Circuit · Jun 16, 2015

And, plainly, “[a]cts committed in furtherance of the charged conspiracy are themselves part of the act charged” and therefore qualify as intrinsic evidence. United States v. … Regardless of whether the evidence qualifies as intrinsic or extrinsic, Ceballos has not shown plain error in the admission of the notebook.

Ayestas v. Harris County

Court of Appeals for the Fifth Circuit · Mar 9, 2026

Rather, we establish a deadline by making a “judicial determination within the general framework of familiar legal principles.” Runyon v. McCrary, 427 U.S. 160, 180 (1976). … That statute provides that when a district court designates a magistrate judge to determine a pretrial matter, the district court “may reconsider” the magistrate judge’s order if it is clearly erroneous or contrary to law

Robert George v. Reliance Standard Life Ins Co.

776 F.3d 349 · Court of Appeals for the Fifth Circuit · Jan 15, 2015

“A plan administrator abuses its discretion where the decision is not based on evidence, even if disputable,. that clearly supports the basis for its denial.” Holland, 576 F.3d at 246 (internal quotation marks omitted). … RSL then stated that it would continue to rely on its own expert’s report, which was prepared by a qualified vocational specialist.

Karim v. Finch Shipping Co.

374 F.3d 302 · Court of Appeals for the Fifth Circuit · Jun 16, 2004

Brown concerned a district court’s decision “to adopt as the court’s ward a minor represented by a duly qualified guardian, fix the compensation of the guardian’s attorney, and direct his payment … Its contesting that distribution is even more clearly a case or controversy (an actual dispute between adverse parties, see Richardson v.