Case law

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.

United States v. Blanco

27 F.4th 375 · Court of Appeals for the Fifth Circuit · Mar 8, 2022

Further, to qualify as a sentence of imprisonment, the defendant must actually serve a period of imprisonment. Id. § 4A1.2, cmt. 2. … A factual finding is not clearly erroneous if it is plausible in light of the whole record. United States v. Ruiz- Hernandez, 890 F.3d 202, 211 (5th Cir. 2018).

Phillips Oil Company v. Okc Corporation

812 F.2d 265 · Court of Appeals for the Fifth Circuit · Apr 17, 1987

Unit A April 1981). 32 In this case, the decision of the trial court to admit expert testimony clearly does not require reversal. … intent, in all pertinent respects, could not have been stated more clearly.

Natural Resources Defense Council, Inc. v. Environmental Protection Agency

489 F.2d 390 · Court of Appeals for the Fifth Circuit · Feb 8, 1974

should have been disapproved because that statute, with its blanket protection of 'any information' relating to trade secrets, would direct Georgia officials to block public access to emission data where such data could qualify … It states that emission standards are to be established, and it says they shall be established by 'a procedure similar to that provided by section 1857c-5'.

Lyons v. Lamb County

Court of Appeals for the Fifth Circuit · Oct 3, 2001

The district court also granted a motion for summary judgment on behalf of Linda Lightfoot, in her individual and official capacities based on qualified immunity. … In turning our attention to Pandy Aleman's appeal, we must note it is well established that “[d]istrict court orders denying summary judgment on the basis of qualified immunity are immediately appealable under the collateral

Von Drake v. Rogers

312 F. App'x 690 · Court of Appeals for the Fifth Circuit · Mar 4, 2009

In an order rendered June 13, 2008 the district court dismissed the action against the three judges based on judicial immunity. … The district court’s order dismissed the claims against Loftin because Drake failed to file a Rule 7 reply after Loftin answered Drake’s complaint with a defense of qualified immunity.

Bauhaus USA, Inc. v. Copeland

292 F.3d 439 · Court of Appeals for the Fifth Circuit · May 21, 2002

unless the federal courts cautiously, deliberately, and charily examine every asserted challenge to, or claim of limitation on, subject-matter jurisdiction under ERISA, Congress’s command cannot be effectuated to the extent clearly … Copeland also argues that the ERISA provision exempting “qualified domestic relations . orders” 75 from preemption applies; but no qualified domestic relations order is at issue here, nor could one be. 76 To summarize, the

Icee Distributors, Inc. v. J&J Snack Foods Corp.

325 F.3d 586 · Court of Appeals for the Fifth Circuit · Mar 21, 2003

trademarks relate, as set forth in Appendix 4 attached hereto; (b) at all times to use its best efforts toward the meeting of said standards of quality; (c) on reasonable notice from ICEEQUIP, to allow a qualified … IOA is a party to the license agreement with Distributors and through the agreement established sufficient minimum contacts with Louisiana.

United States v. Gallardo-Trapero

Court of Appeals for the Fifth Circuit · Aug 11, 1999

It may be true that certain participants did not know others involved in the different operations, but “to establish an overlap, ‘[t]he government does not have to establish that the sellers and purchasers knew each other … They did not ask, and I did not discuss any immunity from prosecution whatsoever. In sum, Ms.

United States v. Wilcox

631 F.3d 740 · Court of Appeals for the Fifth Circuit · Jan 20, 2011

To demonstrate abuse of discretion, the defendant must show that the limitation was clearly prejudicial. Id. … seeking food and trying to support their families, etc., did not merit application of the term to them because they were not unusually vulnerable to the crime and that, nonetheless, such a classification “misses the mark” for qualifying

10 Ring Precision, Inc. v. B. Jones

722 F.3d 711 · Court of Appeals for the Fifth Circuit · Jul 11, 2013

(b) permits FFLs to retain the Form 4473s in alphabetical, chronological, or numerical order,39 and argue that, unless the FFL keeps the forms in chronological order, “Forms 4473 could not be used to determine whether a qualifying … ] to establish a national firearms registry.”54 In evaluating the same argument, the D.C.

Miraglia v. Bd. of Supervisors of the La. State Museum

901 F.3d 565 · Court of Appeals for the Fifth Circuit · Aug 24, 2018

City of Arlington , 657 F.3d 215 , 223 (5th Cir.2011) (en banc) ("It is established that Title II and § 504 are enforceable through an implied private right of action."). … On appeal, the Museum has not specified any fees awarded that fall outside the district court's findings or described why the district court's findings are clearly erroneous.

Moore v. Johnson

Court of Appeals for the Fifth Circuit · Oct 20, 2000

Hill, 210 1 (...continued) F.3d at 484. ing that “a state-court decision involves an ‘unrea- sonable application of . . . clearly established In assessing … A decision is contrary to clearly Moore argues that a COA should be granted established Federal law “if the state because the district court, in denying him habeas court arrives at a

Davis v. US Marshals Srv

Court of Appeals for the Fifth Circuit · Mar 25, 2021

or the Office of General Counsel, informed Walden to ‘suspend’ Davis from the contract” and that “Acting Assistant Director of Judicial Security Tom Wight” had told Walden that Walden Security could find a more qualified … The CDA applies to “express or implied” contracts, 41 U.S.C. § 7102(a), and establishes a multi-tiered administrative review process.

Bird Provision Co. v. Owens Country Sausage, Inc.

568 F.2d 369 · Court of Appeals for the Fifth Circuit · Feb 24, 1978

Obviousness In addition to being novel, an improvement over the prior art must also be nonobvious in order to qualify for patent protection. … The district court’s findings of prior public use and obviousness clearly extended to all seven claims of the Bird Provision patent.