Case law

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.

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.

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).

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.

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. James H. Means and Edgar C. Lloyd, Jr.

695 F.2d 811 · Court of Appeals for the Fifth Circuit · Jan 3, 1983

. *817 We find that, in that context, the evidence as to the FMBC fraud was clearly admissible under Fed.R.Evid. 404(b) to establish proof of motive, intent or a common plan. See United States v. … Aside from the question of whether the FMBC president qualifies as a “coconspirator,” nothing exists in the record to indicate that he somehow intended to further the scheme by announcing it to the witness.

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.

Wilson v. Belmont Homes, Inc.

Court of Appeals for the Fifth Circuit · Aug 21, 1992

The district court found that Wilson, by showing that she was a woman, was qualified for her job, and was terminated and that Belmont retained comparably qualified men after she was fired, had made a prima facie case. … As a matter of fact, we cannot say that the court's finding that Wilson did not prove that Hill terminated her for what he, perhaps wrongly, saw as poor performance was clearly erroneous.

Carr v. Johnson

Court of Appeals for the Fifth Circuit · Oct 16, 2002

As Carr has not shown that the defendants violated a clearly established federal statutory or constitutional right of which a reasonable person would have known, see Hart v. … O’Brien, 127 F.3d 424, 441 (5th Cir. 1997), he has not shown that the district court erred in concluding that the defendants are entitled to qualified immunity from suit. This contention is frivolous too.

United States v. Deion Lockhart

844 F.3d 501 · Court of Appeals for the Fifth Circuit · Dec 23, 2016

In support of this claim, Appellants assert that Officer Ontiveros was not qualified to be an expert. … Because the Government established an essential element of the offense on the basis of facts wholly different from those particularized in the indictment, we vacated the jury’s guilty verdict. Id. at 247.

Southwestern Bell Telephone Company v. City of El Paso, El Paso County Water Improvement District No. 1, Southwestern Bell Telephone Company v. City of El Paso, El Paso County Water Improvement District No. 1

346 F.3d 541 · Court of Appeals for the Fifth Circuit · Oct 31, 2003

To qualify as a prevailing party, "the plaintiff must (1) obtain actual relief, such as an enforceable judgment or a consent decree; (2) that materially alters the legal relationship between the parties; and (3) modifies … The City and SWBT have settled their claims, leaving only EPCWID in the case. 2 EPCWID sought dismissal of SWBT's claims on the ground that, as an arm of the State, it was entitled to Eleventh Amendment immunity.

United States v. Clark

577 F.3d 273 · Court of Appeals for the Fifth Circuit · Jul 27, 2009

One taxpayer specifically testified that Clark listed a deduction on her return for which she had explicitly told him that she did not qualify. … The evidence was thus both relevant and probative to establish the materiality element of the offense.

Texas Dept. of Housing and Community Affairs v. Verex Assur., Inc.

Court of Appeals for the Fifth Circuit · Nov 9, 1995

These findings show the failure of conditions precedent, and we cannot say that they are clearly erroneous. … Finding no support in the record, we agree with THA that this finding must be deemed clearly erroneous.

Big Time Vapes, Incorporated v. FDA

963 F.3d 436 · Court of Appeals for the Fifth Circuit · Jun 25, 2020

SMITH, Circuit Judge: The Family Smoking Prevention and Tobacco Control Act 1 establishes a thorough framework for regulating tobacco products. … delegations that 9  Case: 19-60921 Document: 00515467200 Page: 10 Date Filed: 06/25/2020 No. 19-60921 felt qualified

Defense Distributed v. Bruck

30 F.4th 414 · Court of Appeals for the Fifth Circuit · Apr 1, 2022

In other words, the standard is not met by showing one forum is more likely than not to be more convenient, but instead the party must adduce evidence and arguments that clearly establish good cause for transfer … demonstrate that transfer is clearly more appropriate than the Plaintiffs’ choice of forum.

United States v. Lopez-Vasquez

227 F.3d 476 · Court of Appeals for the Fifth Circuit · Sep 15, 2000

Herrera-Solorzano, 114 F.3d 48, 50 (5th Cir. 1997), although sentences that are imposed and then suspended or deferred may so qualify. … The district court’s denial of Lopez-Vasquez’s motions to dismiss and to suppress based on asserted defects in his prior removal proceeding clearly did not violate section 1225(b)(1)(D).

Black Ass'n of New Orleans Fire Fighters v. City of New Orleans

853 F.2d 347 · Court of Appeals for the Fifth Circuit · Aug 25, 1988

It asserts that the examination was prepared at considerable expense and with the assistance of qualified expert consultants. … the next 90 days seven vacancies will be available for promotional opportunities and that after exhaustion of the list of demotees eligible for re-promotion, such vacancies would be filled from the promotional register established

Lewis v. New Orleans Clerks & Checkers, I.L.A. Local No. 1497

724 F.2d 1109 · Court of Appeals for the Fifth Circuit · Jan 12, 1984

deferential, “nonactive” approach in the review of the grant of a preliminary injunction under section 10(2) because the legal questions are thereby preserved for the forum — the Board— that Congress has designated as best qualified … Of course, the factual findings of the district court, e.g., what happened, are renewable under the clearly erroneous standard. Boire, 479 F.2d at 793 . .