Case law

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. .

Ceres Gulf and Esis/ina v. Cleaster Cooper, Director, Office of Workers' Compensation Programs (u.s. Department of Labor), Intervenor-Appellant

957 F.2d 1199 · Court of Appeals for the Fifth Circuit · Apr 21, 1992

But, § 1331 jurisdiction is unavailable where, as here, Congress has created a specific, statutorily-defined scheme that clearly supplants the general jurisdictional statute. … and argue issues within the established time frame for doing so.

City of Dallas, Texas v. Federal Communications Commission and United States of America, City of Dallas, Texas v. Federal Communications Commission and United States of America, National Cable Television Association, Inc. v. Federal Communications Commission and United States of America, Bellsouth Telecommunications, Inc. v. Federal Communications Commission and United States of America, United States Conference of Mayors and National Association of Telecommunications Officers and Advisors v. Federal Communications Commission and United States of America

165 F.3d 341 · Court of Appeals for the Fifth Circuit · May 28, 1999

H.R. 4103 establishes a national policy that clarifies the current system of local, state, and Federal regulation of cable television. … a broad reading of preemptive authority, as does Gregory, 501 U.S. at 460 , 111 S.Ct. 2395 (opining that courts must "assume Congress does not exercise [the power to preempt] lightly" and must require Congress to state clearly

United States v. George Snelson

687 F. App'x 422 · Court of Appeals for the Fifth Circuit · Apr 26, 2017

The Presentence Report (PSR) established a base offense level of 34. … A “building, room, or enclosure” can qualify as a premises under the Guidelines. U.S.S.G. § 2D1.1(b)(12) cmt. 17.

Petteway v. Galveston County

87 F.4th 721 · Court of Appeals for the Fifth Circuit · Dec 7, 2023

To me, a critical issue is whether Galveston County must establish that it is likely to succeed on the merits. … Allwright, 321 U.S. 649, 656-57 (1944) (holding that resolution restricting ability to vote in Democratic Party primaries to “all white citizens of the State of Texas who are qualified to vote under the Constitution

Rumbaugh v. Procunier

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

By placing the burden of proof on one party or the other, we establish a threshold, below which uncertainty is resolved against the party on whom the burden is imposed. … The clearly erroneous standard serves that purpose well.

United States v. Smith

110 F.4th 817 · Court of Appeals for the Fifth Circuit · Aug 9, 2024

But the Supreme Court has clearly stated that the Fourth Amendment protects against both searches and seizures “effected by a private party . . . if the private party acted as an instrument or agent of the Government.” … immunity.

Walter Douglas Nunley v. M/v Dauntless Colocotronis, Etc. v. Combi Lines, Walter Douglas Nunley v. M/v Dauntless Colocotronis, Estrella Leal Navegacion S.A., Sea Unity-Shipping S.A., and Assurance Foreningen Gard, Cross-Appellees v. Tenneco Oil Company and United States of America, Defendants-Cross-Plaintiffs-Appellees, Cross-Appellants v. Combi Lines (Hapag-Lloyd A.G., Holland American Lines Freight B.V and International Transport b.v.) and Its Insurer, the United Kingdom Mutual Steamship Assurance Assn (Bermuda) Ltd., Cross-Appellees, and Combi Lines (Hapag-Lloyd A.G., and the United Kingdom Mutual Steamship Assurance Assn (Bermuda), Ltd., Cross-Appellants

863 F.2d 1190 · Court of Appeals for the Fifth Circuit · Feb 28, 1989

Having reviewed the record in this case, we cannot say that the district court clearly erred. B. … MARKING EXPENSES 51 After the CBLL-01315 sank, the Coast Guard, in an independent search, located a sunken vessel and established a temporary buoy.

United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnson

303 F.3d 606 · Court of Appeals for the Fifth Circuit · Aug 23, 2002

We cannot conclude that these findings were clearly erroneous. … He contends that this was an expert opinion, but was never noticed or qualified for such purposes. This argument is without merit.

National Labor Relations Board v. Haberman Construction Company

641 F.2d 351 · Court of Appeals for the Fifth Circuit · Apr 3, 1981

The Board reasoned: [Section 8(f)] merely immunizes the parties to such agreements from liability under Section 8(a) and (b) of the Act. … I therefore credit their testimony which clearly establishes that the basis for their quitting was Respondent’s decision to go “open shop” and no longer pay their “fringes," i. e., payments to the Union’s funds.

United States v. Emma F. Lopez

704 F.2d 1382 · Court of Appeals for the Fifth Circuit · May 19, 1983

Consequently, appellant’s presentment of the certificate in support of a claim of citizenship when he knew it to be based on false information clearly places it among those documents whose use Congress meant to bar through … Not then entitled or qualified under this Act to obtain such documentary or other evidence of naturalization or of citizenship, with knowledge that such person was not then so entitled or qualified. (5) To encourage, aid,

United States v. Hill

63 F.4th 335 · Court of Appeals for the Fifth Circuit · Mar 22, 2023

“A district court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.” United States v. … Our precedents establish that Hobbs Act robbery is a crime of violence under the elements clause. See United States v.

Flatt v. City of Lancaster

Court of Appeals for the Fifth Circuit · Aug 2, 2001

Flatt argues that a dispute exists as to a material fact affecting the legal analysis for the issues of excessive force, qualified immunity, and substantive due process. … From the undisputed material facts of the encounter between the decedent and the officers, we conclude that the force used by Beaman was objectively reasonable, and Beaman is entitled to qualified immunity.

William C. Davidson v. Federal Deposit Insurance Corporation as Receiver for United Bank of Texas, Defendant-Intervenor-Appellee

44 F.3d 246 · Court of Appeals for the Fifth Circuit · Feb 22, 1995

It is now well established that there is no general federal common law, Erie Railroad Co. v. … Because the loan in Cooper was made by the SBA under a nationwide federal program, the case fell clearly within Kimbell Foods.

Phillip Haskett v. T.S. Dudley Land Company, Inc.

648 F. App'x 492 · Court of Appeals for the Fifth Circuit · May 20, 2016

App’x 988, 990 (5th Cir. 2006) (unpublished) (“[M]ere compliance with Rule 8 does not itself immunize the complaint against a motion to dismiss.”). 16 Wooten v. … We therefore do not accept as true all allegations in the agents’ affidavits[.] 19 The same logic straightforwardly applies here. 20 Haskett clearly did not adopt TSD’s allegations to the EEOC as his own for

Norman v. Beaumont ISD

Court of Appeals for the Fifth Circuit · Apr 30, 2026

We agree that Norman’s Amended Complaint does not state any constitutional violations, so he has failed to overcome the individual Defendants’ qualified immunity. … Moreover, qualified immunity is designed to shield public officials from the burdens of drawn-out litigation, not just from liability. See Jacquez v. Procunier, 801 F.2d 789, 791 (5th Cir. 1986).

Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellee

73 F.3d 546 · Court of Appeals for the Fifth Circuit · Jan 11, 1996

"Fairly Traceable" 30 Cedar Point further argues that, even if the affidavits submitted by Sierra Club do establish an injury, they do not establish that the injury is fairly traceable to Cedar Point's discharge of produced … This intent is clearly established by the inclusion of particular dates in the statute, as explained by the legislative history. 47 First, the citizen suit provision states that a citizen may bring an action against a person

Goldring v. United States

15 F.4th 639 · Court of Appeals for the Fifth Circuit · Oct 4, 2021

Goldring might have earned on the fair value of her shares for the 13-year period between the merger and final judgment in the Delaware Litigation; thus, it qualifies as ordinary income under the origin-of-the-claim … Noting the “clearly established principle that interest is not a penalty but is intended only to compensate the Government for delay in payment of a tax” the Avon court interpreted § 6601(a) to provide that “interest

Energy Transfer Partners, L.P. v. Federal Energy Regulatory Commission

567 F.3d 134 · Court of Appeals for the Fifth Circuit · Apr 29, 2009

must invest heavily in new printing type and new supplies.”28 The Court recognized that the “alternative to compliance–continued use of material which they believe in good faith meets the statutory requirements, but which clearly … Ct. 32 (2008). 13  No. 08-60730 procedures that applied if a state asserted sovereign immunity in a suit by an Indian tribe in which the tribe

William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

587 F.2d 651 · Court of Appeals for the Fifth Circuit · Dec 20, 1978

Cr.R. 135, 268 S.W.2d 133, 135 (1954), and no conviction can be used for enhancement more than one time when establishing the habitual criminal status, Carvajal v. … The majority of the court sitting en banc has determined that Brown and Rodriguez establish the better rule for several reasons.