Case law

United States v. Palazzo

372 F. App'x 445 · Court of Appeals for the Fifth Circuit · Mar 23, 2010

Palazzo argues that the court’s determination was clearly erroneous for several reasons. … The district court therefore did not clearly err in calculating this part of the loss amount.

Five Star Royalty Partners Ltd v. Jack Mauldin, Jr

973 F.3d 367 · Court of Appeals for the Fifth Circuit · Aug 31, 2020

Seeking to establish chain of title to the interest conveyed in the Deed, Five Star had submitted various property records. … That alone suggests the “agent” language would not transfer the executive right but, instead, would qualify how the grantor may exercise the right otherwise with- held to himself.

Petrohawk Properties, L.P. v. Chesapeake Louisiana

Court of Appeals for the Fifth Circuit · Aug 23, 2012

“Fraud need only be proved by a preponderance of the evidence and may be established by circumstantial evidence.” LA. CIV. CODE ANN. art. 1957. 2. … Stockman relied on Broomfield’s misrepresentations is not clearly erroneous.

United States v. McDonald

Court of Appeals for the Fifth Circuit · Jun 15, 2023

Next, McDonald argues that the district court erred by assigning 12 of the 14 criminal history points because the 1995 offenses were too far in the past to qualify for criminal history points under U.S.S.G. § 4A1.2( … Accordingly, it is not clearly improbable that the weapon was connected to the offense. See id. The district court’s application of § 2D1.1(b)(1) was not clearly erroneous.

United States v. Clifford Grier

510 F.2d 570 · Court of Appeals for the Fifth Circuit · Mar 28, 1975

There is nothing in defendant’s December 7 letter that would clearly suggest a misunderstanding of these alternatives. … For here the registrant had clearly failed to meet the objective criteria necessary to qualify for a student deferment.

United States v. McDonald

Court of Appeals for the Fifth Circuit · Mar 10, 1997

Hardeman, 933 F.2d 278 (5th Cir.1991), [this Court] established a "common sense" approach to determine when a prior offense is "similar" to one of the enumerated exempted offenses in § 4A1.2(c)(1). … "In reviewing [such] claim[s], we must accept the factual findings of the district court unless clearly erroneous, but we review de novo the application of the guidelines for errors of law." Id.

Canfield v. Orso

283 F.3d 686 · Court of Appeals for the Fifth Circuit · Feb 25, 2002

If the assignee uses a qualified annuity to fund the periodic payments, the basis of such asset shall be reduced by the amount initially excluded from gross income by reason of the purchase of such asset, and any gain recognized … Because they are proceeds of annuity contracts, the payments to Orso are exempt from his bankruptcy estate under clearly established Louisiana law extant on the day that his petition in bankruptcy

Michael K. Topalian, Don W. Boyett, Bobby McDonald Mjm Ventures, Richard H. Manuel, Jack E. Borroughs and Charles W. Anderson v. John N. Ehrman, Rockwood Insurance Company, Michael K. Topalian, Warren B. Fienga, Richard H. Manuel, Don W. Boyett, Bobby W. McDonald Charles F. Lacelle and Mjm Ventures, Plaintiffs-Counter v. John N. Ehrman, Etc., Ehrman Investment Group, Inc., Defendant-Counter and Onshore Exploration Ltd. 1984 Mid-Year Drilling Program, Counter Michael K. Topalian v. John N. Ehrman, Individually, Etc.

954 F.2d 1125 · Court of Appeals for the Fifth Circuit · Apr 27, 1992

The promissory notes clearly state that the signer is responsible for the debt. … . 29 More specifically, plaintiffs allege that: The Defendant General Partners and their seller-agents consciously ignored the Partnership's "Suitability Standards" by offering units to prospective investors who did not qualify

Westchester Media Co v. PRL USA Holdings In

214 F.3d 658 · Court of Appeals for the Fifth Circuit · Jun 27, 2000

An innocent intent in adopting a mark does not immunize an intent to confuse in the actual use of the mark. … The trial court ruled that Westchester established none of these elements.

United States v. Michoud Industrial Facilities

322 F.2d 698 · Court of Appeals for the Fifth Circuit · Aug 22, 1963

For under the law value on a capitalization formula is not determined by improvident or unusual leases which, in the credited judgment of qualified competent experts, do not actually reflect going market conditions. … In such testing, an element which is proved by one approach is assumed to be established in determining another. 22 *724 THE LESSEES’ INTERESTS.

Pred v. Board of Public Instruction of Dade County

415 F.2d 851 · Court of Appeals for the Fifth Circuit · Sep 9, 1969

class or out of it, which for any reason- — -whether it stems from time, place, or type of behavior— materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized … Defendant, BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, is a body corporate, among whose purposes and functions is to operate the schools and establish the personnel policies therefor in Dade County, Florida.

Gerald Kyle v. Circus Circus Mississippi, Inc

430 F. App'x 247 · Court of Appeals for the Fifth Circuit · Apr 28, 2011

In a diversity case, this court must, of course, “follow subsequent state court decisions that are clearly contrary to a previous decision of this court.” Farnham v. … None of these actions establish that the conduct he reported constitutes a criminal offense.

U.S. v. Thomas

Court of Appeals for the Fifth Circuit · May 11, 1993

As no manifest injustice will result from Thomas being charged additionally with federal firearms crimes he clearly committed, we reject his vindictiveness claim.6 B. … Although Ramos's two prior convictions were classified misdemeanors under Massachusetts law, they each carried maximum sentences of two and a half years and thus qualified under § 922(g)(1)'s "more than one year" definition

Joseph Chagois, Cross-Appellant v. Lykes Bros. Steamship Company, Inc., Cross-Appellee

432 F.2d 388 · Court of Appeals for the Fifth Circuit · Nov 2, 1970

Nor is the shipowner immune from liability because the defective equipment is not the type of loading gear traditionally found on board a ship. Deffes v. … Thus we adhere to the established federal rule that in admiralty actions the matter of pre-judgment interest rests within the sound discretion of the trial court. Canova v.

Joseph Reinagel, Jr. v. Deutsche Bnk Nation

Court of Appeals for the Fifth Circuit · Oct 31, 2013

Bly’s conduct clearly falls within th[e] provision [of the Texas Penal Code that criminalizes forgery]” (emphasis added). 21 See TEX. CIV. … The Texas Supreme Court has established “a presumption . . . that parties contracted for themselves,” which applies “unless it ‘clearly appears’ that they intended a third party to benefit from the contract.”28 Here,

Johnny W. Robbins v. Ross Maggio, Warden, Louisiana State Penitentiary, Charles Edward Bolden v. Dr. (Name Unknown) University Medical Center, Kenneth James Midkiff v. Joseph C. Duhon

750 F.2d 405 · Court of Appeals for the Fifth Circuit · Jan 14, 1985

The first two Coopers & Lybrand elements merely track the requirements established in Cohen. … Flanagan clearly holds that this condition is not met if review of the order following trial on the merits is under the presumed prejudice standard: 55 "In sum, as petitioners concede, if establishing a violation of their

United States v. Edward Brookins

423 F.2d 463 · Court of Appeals for the Fifth Circuit · Mar 6, 1970

This immunity of officers cannot fairly be enlarged without jeopardizing the privacy or security of the citizen. We turn then to the question whether prudent men in the shoes of these officers (Brinegar v. … That much clearly appears at the bottom of page 21 and on pages 35 and 36 of the record. 72 There is, and can be, no contention that Brookins surrendered the two paper sacks and their contents voluntarily, for Nowicki was

Ins Co. of the State of PA v. Dir, Off of W

713 F.3d 779 · Court of Appeals for the Fifth Circuit · Feb 15, 2013

The Supreme Court has stated clearly that the Section 20(a) presumption applies to the claim. U.S. Indus., 455 U.S. at 612-13 , 102 S.Ct. 1312 . … The disease is believed to be caused by immune cells — which normally protect the body from foreign infection — attacking the body’s nerves.

United States v. David Rainey

757 F.3d 234 · Court of Appeals for the Fifth Circuit · Jun 27, 2014

The NOAA accompanied its flow-rate estimate with a number of qualifiers, including that its methodologies were “highly unreliable,” that its estimate was accurate “to only an order of magnitude,” and that the actual flow … Rainey’s argument faces an uphill battle because “[i]t is long settled that words in statutes should be given their ordinary, popular meaning unless Congress clearly meant the words in some more technical sense.”

United States Ex Rel. Shupe v. Cisco Systems, Inc.

759 F.3d 379 · Court of Appeals for the Fifth Circuit · Jul 7, 2014

The money in the USF is provided by private telecommunication providers because of a mandatory contribution scheme established by the FCC and Congress. … The executive has admitted that including the USF in budget documents is for the purpose of being “comprehensive,” not a claim that these are clearly federal funds.