Case law

Burlington Insurance Company v. Ranger Specialized

Court of Appeals for the Fifth Circuit · Dec 12, 2017

Clearly, none of the allegations negated that possibility. See GEICO Gen. Ins. Co. v. Austin Power Inc., 357 S.W.3d 821, 825 (Tex. App. … By reaffirming Vail, Menchaca clearly compels reexamination of significant aspects of Great American’s reasoning.

Joseph Taylor v. W. L. Sterrett, Judge John Whittington, Cross-Claimants-Appellants, Oak Lawn Preservation Society, Etc., Cross-Defendants

600 F.2d 1135 · Court of Appeals for the Fifth Circuit · Aug 16, 1979

Plaintiffs charged that they had been deprived of numerous rights, privileges and immunities guaranteed by the fourteenth amendment, including (a) the right to be free from cruel and unusual punishment, (b) the right to be … establishing minimum standards for the custody, care, and treatment of prisoners; (3) promulgate reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services

Equal Employment Opportunity Commission v. Clear Lake Dodge

60 F.3d 1146 · Court of Appeals for the Fifth Circuit · Jul 26, 1995

A district court’s judgment cannot stand where its findings are clearly erroneous. Fed.R.Civ.P. 52. … The plaintiff, however, clearly was the prevailing party with respect to her Title VII claims.

April Walker v. Harris County

477 F. App'x 175 · Court of Appeals for the Fifth Circuit · May 4, 2012

Walker has not, however, identified any error in the district court’s qualified immunity analysis. Walker has thus abandoned this contention. See Brinkmann v. Dall. Cnty. … Absent summary judgment evidence that the deputy who arrested her had any knowledge of the alleged county policy of not disciplining deputies, it was impossible for Walker to establish the required causal link.

Bel Oil Corporation v. Federal Power Commission, Union Oil Company of California, and the Louisiana Land and Exploration Company v. Federal Power Commission, Morris Rauch v. Federal Power Commission

255 F.2d 548 · Court of Appeals for the Fifth Circuit · Apr 23, 1958

Order Postponing Action on Motion to Dismiss and Referring Proceedings to Examiner" in which it said: 7 "* * * The fact that contracts have been entered into in good faith and in arm's-length bargaining does not make them immune … This is clearly demonstrated by order No. 310 in Pan American Petroleum Corporation referred to above.

Emery v. Johnson

139 F.3d 191 · Court of Appeals for the Fifth Circuit · Apr 15, 1998

An abuse of the writ can qualify as a procedural bar. See Murch v. Mottram, 409 U.S. 41, 45-46 , 93 S.Ct. 71, 73-74 , 34 L.Ed.2d 194 (1972) (per curiam). … To establish prejudice, Emery must demonstrate that counsel’s errors “render the verdict fundamentally unfair or unreliable.” Carter v.

Woodmen of the World Life Insurance Society v. Knudsen

275 F.2d 440 · Court of Appeals for the Fifth Circuit · Feb 25, 1960

October 17th, three days after the Trustee qualified, it filed its petition for an order directing that the Trustee surrender the Ludman premises to it. 10 When advised that the Trustee was applying to the ■court for instructions … Such conduct on the part of Woodmen is clearly inconsistent with any contention that the lease was forfeited. “An appropriate order will be entered herein in conformity with this Memorandum Opinion.

Dallas Power & Light Company v. Westinghouse Electric Corporation

855 F.2d 203 · Court of Appeals for the Fifth Circuit · Sep 19, 1988

DP & L has produced no proof establishing that the generator rotor was removed for servicing and that Westinghouse undertook any inspection of the generator on or after March 6, 1982. … The summary judgment evidence established that Mr. Hardin could not have had responsibility for the lockplates except where they were removed and available for inspection.

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.

Save Barton Creek Association v. Federal Highway Administration

950 F.2d 1129 · Court of Appeals for the Fifth Circuit · Feb 24, 1992

The OEA also established that the Austin Outer Loop would be divided into four segments for planning and development purposes. … The record clearly indicates that the two projects serve such purposes and are sufficiently independent even in the absence of MoPac, U.S. 290, and the Austin Outer Loop.

John Michael Wheeler, Independent of the Estate of Elmore K. Melton, Jr. v. United States

116 F.3d 749 · Court of Appeals for the Fifth Circuit · Jun 19, 1997

The Claims Court did not clearly resolve that contention because it determined that the consideration flowing from Mrs. … permitting legitimate, negotiated commercial transfers of split-interests that would not otherwise qualify as adequate consideration using the actuarial table values set forth in *764 the Treasury Regulations to qualify

United States v. Frank Gunnar Williams

617 F.2d 1063 · Court of Appeals for the Fifth Circuit · May 12, 1980

This established doctrine can be applied easily to offshore waters. See, e. g., United States v. … The limitations placed on such searches were too clearly defined for that.

Central Pines Land Co. v. United States

274 F.3d 881 · Court of Appeals for the Fifth Circuit · Nov 28, 2001

statutory grant of authority, the fashioning of federal common law may still be appropriate when duties and rights of the United States are at issue.17 After all the Rules of Decisions Act itself ends with the qualifying … The district court held that the doctrine of intergovernmental immunity posed no bar to the application of Act 315.

Jane Doe I v. Juana Marine-Lombard

905 F.3d 290 · Court of Appeals for the Fifth Circuit · Sep 20, 2018

We are guided by a few established principles. … In one applicable precedent, the plaintiffs facially challenged a state’s disclosure requirements for political committees and certain qualifying individuals. Justice v.

United States v. Hemmingson

157 F.3d 347 · Court of Appeals for the Fifth Circuit · Sep 30, 1998

“The application of § 3B1.3 is a sophisticated factual determination reviewed under the clearly erroneous standard.” United States v. Fisher, 7 F.3d 69, 70 (5th Cir. 1993). … While an attorney's skills qualify as “special skills” for purposes of § 3B1.3,12 the court found that Ferrouillet did not employ these skills in committing his crimes.

24 Fair empl.prac.cas. 1228, 25 Empl. Prac. Dec. P 31,546 Minda Satterwhite, on Behalf of Herself and Others Similarly Situated v. City of Greenville, Texas

634 F.2d 231 · Court of Appeals for the Fifth Circuit · Jan 15, 1981

We also held that since it had been finally established that Mrs. … summarized as follows: where named plaintiffs, who claimed to be victims of racial or ethnic discrimination and who sued for a similar class that was not certified, lost their claims on the merits because they were not qualified

Earnest v. Sanofi US Services

26 F.4th 256 · Court of Appeals for the Fifth Circuit · Feb 10, 2022

Kopreski’s testimony regarding TAX316 established that hair loss affected only a small number of patients. Sanofi’s reliance on Dr. … “A district court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Heinsohn v.

United States v. Fabian Gonzalez-Loya

639 F. App'x 1023 · Court of Appeals for the Fifth Circuit · Feb 16, 2016

Gonzalez-Loya contends that the evidence at trial failed to establish the second and third elements of the offense: knowledge and voluntary participation. … A factual finding is not clearly erroneous if it is plausible in light of the entire record. Id.

United States v. John H. Thomas and Jon-T Farms, Inc., a Corporation, United States of America v. John H. Thomas, Also Known as J. H. Thomas

593 F.2d 615 · Court of Appeals for the Fifth Circuit · Apr 19, 1979

. § 2 (causing conversion of CCC property by arranging cotton support payments for persons not qualified to receive them). Appellant John Thomas alone was named in an additional conversion count. … The statutory and regulatory scheme clearly provided for the imposition of criminal liability.

United States v. Kevin Aparicio-Leon

963 F.3d 470 · Court of Appeals for the Fifth Circuit · Jun 29, 2020

App’x 713, 718–19 (10th Cir. 2014) (holding that because the unchallenged evidence established that the methamphetamine exceeded 93% purity, the court did not clearly err in concluding that the purity of the methamphetamine … In so doing, Aparicio had notice of and admitted, inter alia, that “the substance [he possessed] was, in fact, methamphetamine weighing 989 grams, at 97% purity,” an admitted purity level sufficient to qualify as “ice.”