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  • Natl Rifle Assn of America Inc v. Steven Mc

    Court of Appeals for the Fifth Circuit · May 21, 2013

    Moreover, in order to qualify for a license, an applicant must, among other things, be “at least 21 years of age” and “fully qualified under applicable federal and state law to purchase a handgun.”1 Id. § 411.172(a). … The parties seeking access to federal court bear the burden of establishing their standing. Time Warner Cable, Inc. v. Hudson, 667 F.3d 630, 635 (5th Cir. 2012).

    Cited 0 timesPublished
  • Fire Eagle L.L.C. v. Bischoff (In Re Spillman Development Group, Ltd.)

    710 F.3d 299 · Court of Appeals for the Fifth Circuit · Feb 28, 2013

    STANDARD OF REVIEW In bankruptcy appeals, “we perform the identical task as the district court, reviewing the bankruptcy court’s findings of fact under the clearly erroneous standard and its conclusions of law de novo … This argument flies in the face of our well-established “first-to-file” rule.

    Cited 39 timesPublished
  • Federal Deposit Insurance v. Meyerland Co.

    960 F.2d 512 · Court of Appeals for the Fifth Circuit · May 20, 1992

    The FDIC contends that the language of 12 U.S.C. § 1821 (d)(13)(B) establishes its right to remove appellate proceedings. … While § 1821 makes it clear that the FDIC may remove a suit after judgment, it does not clearly establish that *517 the FDIC may remove a case which is on appeal. .

    Cited 9 timesPublished
  • Daves v. Dallas County

    64 F.4th 616 · Court of Appeals for the Fifth Circuit · Mar 31, 2023

    The district court deduced, “for an alternative mechanism to press federal claims in state court to qualify as adequate, it must be timely.” (emphasis original). … It is a categorical statement, not qualified by earlier detailed factual background.

    Cited 33 timesPublished
  • United States v. Wilkes

    946 F.2d 1143 · Court of Appeals for the Fifth Circuit · Nov 12, 1991

    argues that the "Service Center Notice," which was the only document the estate admits to having received from the IRS, provided neither a description of the "error alleged" nor "an explanation thereof," thereby failing to qualify … Instead, the suit could only be one to recover an erroneous refund, which the two-year statute of limitations prohibited. 40 Rodriguez and Young establish the principle that as a taxpayer makes payment against a tax assessment

    Cited 10 timesPublished
  • United States v. Charles Marquez

    667 F. App'x 496 · Court of Appeals for the Fifth Circuit · Jul 25, 2016

    To demonstrate “a due process violation, the appellant[] must establish that (1) [the prosecution witness] testified falsely; (2) the government knew the testimony was false; and (3) the testimony was material.” … He has not “clearly and unequivocally” asserted his desire to proceed pro se, Myers v.

    Cited 2 timesUnpublished
  • 24 Fair empl.prac.cas. 1, 24 Empl. Prac. Dec. P 31,368 Thomas Johnson, Individually, and on Behalf of All Others Similarly Situated v. Uncle Ben's, Inc.

    628 F.2d 419 · Court of Appeals for the Fifth Circuit · Oct 17, 1980

    Plaintiffs' counsel failed to offer other available evidence that contained the 1974 data that would have established a prima facie case of discrimination. … If it hires laterally, the relevant comparison is to the general or qualified outside labor force. If Uncle Ben's fills jobs by promotion, the relevant comparison, as we recognized in James v.

    Cited 1 timesPublished
  • United States v. Ocana

    Court of Appeals for the Fifth Circuit · Feb 18, 2000

    Offenses qualify as part of the same course of conduct if they are “sufficiently connected or related to each other to warrant a conclusion that they are part of a single episode, spree, or ongoing series of offenses.” … After a careful review of the record we conclude that the district court’s finding was not clearly erroneous.

    Cited 0 timesPublished
  • Johnson v. Chesapeake Louisiana, L.P.

    87 F.4th 305 · Court of Appeals for the Fifth Circuit · Nov 27, 2023

    The Commissioner of Conservation, for the prevention of waste and to avoid the drilling of unnecessary wells, is vested with authority to establish a drilling unit for each pool of underground oil or gas. B.A. … Therefore, the phrase ‘without authority’ clearly eliminates negotiorum gestio as a basis for liability among co-owners.”).

    Cited 1 timesPublished
  • Sobley v. Southern Natural Gas Co.

    302 F.3d 325 · Court of Appeals for the Fifth Circuit · Aug 13, 2002

    Clearly, the law of Mississippi does not allow the imposition of punitive damages for mere negligence or clerical mistake. This case, however, rises above simple negligence or clerical mistake. … Moreover, there was testimony—later qualified to some degree—from State Farm’s representative Rick McEuen that neither the electrolysis nor the earth movement exclusion would bar coverage for the claimed carpet and tile

    Cited 41 timesPublished
  • Butler v. Munsch, Hardt, Kopf & Harr, P.C.

    145 F. App'x 475 · Court of Appeals for the Fifth Circuit · Aug 19, 2005

    Butler failed to establish a prima facie case of employment discrimination by failing to establish that she was 3 No. 03-40636 … -4- qualified for the promotion she claims she was denied based on her race.

    Cited 1 timesUnpublished
  • Texas Life, Accident, Health & Hospital Service Insurance Guaranty Ass'n v. Gaylord Entertainment Co.

    105 F.3d 210 · Court of Appeals for the Fifth Circuit · Jan 27, 1997

    is a plan established to provide retirement income or to enable savings for retirement. 29 U.S.C. § 1002(2). … A state law which has the effect of assigning an ERISA cause of action clearly is connected with and relates to an ERISA plan.

    Cited 20 timesPublished
  • Chamberlain Ex Rel. Chamberlain v. United States

    401 F.3d 335 · Court of Appeals for the Fifth Circuit · Feb 18, 2005

    While this regulation clearly requires that damages excluded under section 104(a)(2) be received through a legal action grounded in tort, it does not define the words “on account of.” 16 504 U.S. 229 (1992 … However, three of our sister circuits have held that prejudgment interest is not received “on account of” personal injury, and therefore fails to qualify for the section 104(a)(2) exclusion.

    Cited 18 timesPublished
  • Yoder Brothers, Inc., Plaintiff-Appellant-Cross v. California-Florida Plant Corporation, Defendants-Appellees-Crossappellants. California-Florida Plant Corporation, Plaintiffs-Appellees-Crossappellants v. Yoder Brothers, Inc., Defendant-Appellant-Cross

    537 F.2d 1347 · Court of Appeals for the Fifth Circuit · Sep 7, 1976

    They entered the marked in 1957, at a time when Yoder was clearly the largest of the propagator-distributors. … We have decided that it failed to meet that burden and thereby to qualify itself for the pre-existing cost plus contract exception.

    Cited 29 timesPublished
  • United States v. Johnston

    Court of Appeals for the Fifth Circuit · Jul 30, 2001

    utilized witnesses who were either paid informants or were provided immunity from prosecution. … Clearly, if we were to follow narrowly the advisory committee note’s statement, then the issue would appear resolved.

    Cited 1 timesPublished
  • United States v. Johnston

    Court of Appeals for the Fifth Circuit · Jul 30, 2001

    utilized witnesses who were either paid informants or were provided immunity from prosecution. … Clearly, if we were to follow narrowly the advisory committee note’s statement, then the issue would appear resolved.

    Cited 1 timesPublished
  • Rivet v. Regions Bank of Louisiana, F.S.B.

    108 F.3d 576 · Court of Appeals for the Fifth Circuit · Mar 13, 1997

    Accordingly, we conclude that the first element of claim preclusion is clearly satisfied in this case with respect to all four plaintiffs and to defendants Regions and FSA. 51 2. … As a result, we concluded that the well-pleaded complaint doctrine did not immunize that second suit from removal.

    Reversed on other grounds by Rivet v. Regions Bank of Louisiana, 522 U.S. 470 (1998)Cited 10 timesPublished
  • William E. Greene, Food Distributors v. General Foods Corporation, a Delaware Corporation

    517 F.2d 635 · Court of Appeals for the Fifth Circuit · Aug 11, 1975

    The fact that General Foods has successfully avoided censure by the Federal Trade Commission does not, in these circumstances, immunize it from challenge in a private treble damage action. V. … Ozanne, was fully qualified on the basis of his education and prior experience to testify as an expert in the area of assessing damages attributable to the sort of antitrust violation involved in this case.

    Cited 64 timesPublished
  • United States v. Phillips

    664 F.2d 971 · Court of Appeals for the Fifth Circuit · Dec 28, 1981

    Lamb , however, is clearly factually distinguishable from the present case. … The Government clearly proved that Fisher’s conduct constituted a criminal attempt.

    Superseded on other grounds by United States v. Logan P. Huntress, 956 F.2d 1309 (1992)Cited 614 timesPublished
  • Carson v. Johnson

    Court of Appeals for the Fifth Circuit · Jun 2, 1997

    The tradition of ready access to federal habeas relief is well-established for state prisoners. … Aug.30, 1993) (per curiam) (unpublished) (affirming denial of qualified immunity); 9 IV.

    Cited 0 timesPublished

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