Case law

Wolfson v. United States

101 F. 430 · Court of Appeals for the Fifth Circuit · Apr 10, 1900

It would clearly be improper for the government, while he was on trial, in the absence of a request on his part, to call him as a witness. … The statute clearly removes that objection/ The fact that two defendants were on trial does not prevent the statute applying.

Zertuche v. Great Lakes Dredge & Dock Co.

306 F. App'x 93 · Court of Appeals for the Fifth Circuit · Jan 6, 2009

that he qualifies as a seaman. … Id. at 371 (suggesting that summary judgment is appropriate if the plaintiff clearly cannot reach this threshold level).

Employers Insurance v. Suwannee River Spa Lines, Inc.

866 F.2d 752 · Court of Appeals for the Fifth Circuit · Feb 13, 1989

to establish jurisdiction over torts occurring on the high seas. 476 U.S. at 864 , 106 S.Ct. at 2298 . … The Supervisor with HSI under the Subcontract shall provide qualified on-site supervisory staff which will perform construction inspection in respect of the construction of the Vessel.

U.S. v. Ihegworo

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

B. 3 Ihegworo contends that the district court's factual finding on this issue was clearly erroneous. … In this case, Wilson's testimony was sufficiently reliable; her testimony was against her penal interest, and she was testifying without a grant of immunity. 10 Ihegworo contests only the court's decision to depart

Sierra Club, Inc. v. Sandy Creek Energy Associates, L.P.

627 F.3d 134 · Court of Appeals for the Fifth Circuit · Nov 23, 2010

The question of whether Sandy Creek’s Riesel plant qualifies as a “major source” under § 112 is not before this Court since both parties agree the plant will emit enough tons of mercury to qualify the plant as a “major source … A letter from an employee deeming the MACT determination requirement satisfied is clearly insufficient to make up for these inadequacies in the alleged MACT determination.

Doe v. Santa Fe Indep Sch

171 F.3d 1013 · Court of Appeals for the Fifth Circuit · Mar 17, 1999

Board of Education, this Court has adhered to the principle, clearly manifested in the history and logic of the Establishment Clause, that no State can <pass laws which aid one religion’ or that <prefer one religion over … Because the Court refused to find that the nonsectarian nature of a prayer could save it from Establishment Clause scrutiny, the Court did not need to decide whether this oration qualifies as

United States v. Armelinda Castillo

779 F.3d 318 · Court of Appeals for the Fifth Circuit · Feb 26, 2015

Instead, she claimed that the “evidence only establishes by a preponderance that the amount was greater than $70,000 but less than $120,000.” … See U.S.S.G. § 3E1.1(b) (“If the defendant qualifies for a decrease under subsection (a), . . . decrease the offense level by 1 additional level.”) (emphasis added).

United States v. Leo Potishman, Julian Scott, Transit Grain Company and Charles J. Winters

230 F.2d 271 · Court of Appeals for the Fifth Circuit · Feb 23, 1956

They appear to us so clearly without merit that we forego further discussion. The judgment is 12 Reversed. … "While evidence as to usages and customs is received with caution in all cases, there are well established general rules governing the admissibility of such evidence.

Guy Carpenter Co Inc v. Provenzale

Court of Appeals for the Fifth Circuit · Jul 15, 2003

This is precisely the relationship that the 1999 Agreement establishes. … Guy Carpenter asserts it has confidential information, divided into thirteen categories, 4 that qualifies for trade secret protection.

Mississippi Interstate Express, Inc. v. Transpo, Inc., Azcal, Inc. And Robert Zoller

681 F.2d 1003 · Court of Appeals for the Fifth Circuit · Aug 5, 1982

defendant arranged for shipments between thirty-one different towns or cities in seventeen states and Canada. 5 Further, although activities under the contract(s) were initiated by the defendant from California, Mississippi was clearly … To hold otherwise would tend to immunize from suit by anyone with whom they do business, in any but their home jurisdiction, those engaged in nationwide commercial activity who conduct extensive commercial activity in other

United States v. Patty McClain Joseph M. Rodriguez, Ada Eveleigh Simpson, William Clark Simpson and Mike Bradshaw

545 F.2d 988 · Court of Appeals for the Fifth Circuit · Jan 24, 1977

He was qualified as an expert on Mexican law without objection. Dr. … Article 28 then establishes that [m]ovable and immovable objects, product of the cultures prior to the establishment of the Spanish culture in the National Territory, . . . are archaeological monuments.

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.

Maria Carlota Garcia v. Ramiro M. Guerra

744 F.2d 1159 · Court of Appeals for the Fifth Circuit · Oct 29, 1984

THE SCHOOL DISTRICTS Sections 19.232 and 19.233 of the Texas Education Code require that upon petition by a requisite number of qualified voters in adjacent school districts, the county judge must call an election to allow … State Board of Elections, 393 U.S. 544, 566-67 , 89 S.Ct. 817, 832 , 22 L.Ed.2d 1 (1969), the Supreme Court held that Congress clearly intended that § 5 be given “the broadest possible scope” to reach “any state enactment

Fusselman v. Ennia General Insurance

872 F.2d 642 · Court of Appeals for the Fifth Circuit · May 10, 1989

The standard for dependency under the general maritime law death remedy has not been established. … The plaintiff established in that case that a vessel caught fire while tied at the defendant’s dock.

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

Vanderbrook v. Unitrin Preferred Insurance

495 F.3d 191 · Court of Appeals for the Fifth Circuit · Aug 2, 2007

It is the particular insurance policy of the insured that establishes the limits of liability and it is well established that this contract of insurance is the law between the parties. … of the government's immunity may be broader than the exclusions in the policies before us, which we must strictly construe.

Kathryn Baumeister v. AIG Global Investment Corp.

420 F. App'x 351 · Court of Appeals for the Fifth Circuit · Mar 29, 2011

We can infer pretext if the plaintiff was “clearly better qualified than the employee[]” who was not laid off.5 But aside from the fact that Baumeister had more tenure in the High Yield Group (and with AIGGIC in gen- eral … A reasonable jury would not be able to find on this evidence that Bau- meister was “clearly” better qualified than Parry. C.

Nelson Gongora v. Rick Thaler, Director

Court of Appeals for the Fifth Circuit · Mar 1, 2013

established” only when it is embodied in a holding of the Supreme Court.9 For purposes of § 2254(d)(1), a state court decision “involves an unreasonable application of th[e] Court’s clearly established precedents if the … New Jersey41 clearly established that only a jury, 35 Cabana, 474 U.S. at 387-88 (citation omitted). 36 Gongora v. State, No. AP-74636, 2006 WL 234987, at *12 (Tex. Crim. App.

Sones v. Hargett

61 F.3d 410 · Court of Appeals for the Fifth Circuit · Aug 21, 1995

The Mississippi Supreme Court rejected these arguments, concluding that Ruth was qualified to testify and, further, that the commitment papers, although not the best evidence, were adequate proof of Sones's prior convictions … Strickland is clearly distinguishable. A writ of habeas corpus in Mississippi is not equivalent to a petition for post-conviction relief.

Edwards v. Johnson

Court of Appeals for the Fifth Circuit · May 1, 2003

Madison, 503 U.S. 140, 144, 112 S.Ct. 1081, 1086, 117 L.Ed. 2d 291 (1992)2, the Court found that where Congress has not clearly required exhaustion, sound judicial discretion governs. … To prove an underlying constitutional violation in an episodic acts case, the detainee must establish that the official acted with subjective deliberate indifference. Id. at 54.