Case law

SeaQuest Diving, LP v. S&J Diving, Inc. (In Re SeaQuest Diving, LP)

579 F.3d 411 · Court of Appeals for the Fifth Circuit · Aug 13, 2009

S&J’s LP interest qualifies as a “security” for purposes of § 510(b), see 11 U.S.C. § 101(49)(A)(xiii), and Jones’s LLC interest either qualifies as a “transferable share” or falls within the broad residual category. … -15- he disregards the absolute priority rule, and attempts to establish a contrary principle that threatens to swallow up this fundamental rule of bankruptcy law.”

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.

Reilly v. TXU Corp.

271 F. App'x 375 · Court of Appeals for the Fifth Circuit · Mar 17, 2008

To establish a prima facie case, Reilly must present evidence that (1) he is within a protected class, (2) he was qualified for the position, (3) he was not selected, and (4) the position was filled by a person not in the … We ac- cordingly do not address whether Reilly was in fact “clearly better qualified” or whether a mixed motive was at work in this case.

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.

Reinhard Drechsel v. Liberty Mutual Insurance Co.

695 F. App'x 793 · Court of Appeals for the Fifth Circuit · Aug 17, 2017

To establish a prima facie case of age discrimination, Drechsel must show: (1) he is a member of a protected class, (2) he was qualified for the position at issue, (3) he was the subject of an adverse employment … This error was clearly harmless, however, because: (1) Drechsel still cannot establish any dispute of material fact as to whether he was regarded as disabled applying the appropriate standard; and (2) even if he could, he

United States v. Leonard

Court of Appeals for the Fifth Circuit · Aug 14, 1995

Testimony under oath observed by the district court would qualify. United States v. Smith, 13 F.3d 860 (5th Cir. 1994), is not to the contrary. … Specifically, both insist that the evidence was insufficient to establish the element of knowledge or intent.

Milton Isaac v. Burl Cain, Warden

588 F. App'x 318 · Court of Appeals for the Fifth Circuit · Oct 3, 2014

Harris also stated that she received immunity in exchange for her false testimony. … By contrast, “[a] state court’s decision involves an ‘unreasonable application’ of clearly established federal law if ‘the state court identifies the correct governing legal principle from [the Supreme Court’s] decisions

United States v. Leonard

Court of Appeals for the Fifth Circuit · Aug 14, 1995

Testimony under oath observed by the district court would qualify. United States v. Smith, 13 F.3d 860 (5th Cir. 1994), is not to the contrary. … Specifically, both insist that the evidence was insufficient to establish the element of knowledge or intent.

Travelers Indemnity Company v. Calvert Fire Insurance Company, the London Steamship Owners' Mutual Insurance Association, Ltd., United States of America v. Ta Chi Navigation (Panama) Corporation, Fenton Insurance Company

836 F.2d 850 · Court of Appeals for the Fifth Circuit · Jan 19, 1988

In such instances, "the anomaly" of the carrying vessel in effect bearing a portion of its own cargo's damages notwithstanding its statutory immunity from cargo claims "is sharpened by the fact that, if it alone had been … For our purposes, the only significant thing, which is clearly established, is that Travelers' Rule F bond was in an amount significantly lower than the total judgment in favor of the United States and against Ta Chi, although

State of Texas v. United States

126 F.4th 392 · Court of Appeals for the Fifth Circuit · Jan 17, 2025

Memorandum apply to the Final Rule”—a mandate that “clearly does not permit the parties to relitigate previously established issues.” … The states contended that such a ques- tion would “depress the census response rate and lead to an inaccurate population count,” which would in turn lead to the states’ “qualifying for less federal funding if their popu-

Shandell Bradley v. Louis Ackal

954 F.3d 216 · Court of Appeals for the Fifth Circuit · Mar 23, 2020

While this court has not generally defined “judicial record” or yet interpreted minutes as a judicial record, it would defy commonsense if the minutes in this case did not qualify as a judicial record. … While filing clearly establishes such status, a document may still be construed as a judicial record, absent filing, if a court interprets or enforces the terms of that document, or requires that it be submitted to the court

United States v. Joe Corona Valdez

722 F.2d 1196 · Court of Appeals for the Fifth Circuit · Jan 3, 1984

They permit “qualified” physicians and dentists to conduct hypnosis, and do not require that the hypnotist work independently. … These principles require the exclusion of an uncorroborated personal identification, made only after hypnosis, of a person clearly singled out for suspicion.

United States v. Brown

459 F.3d 509 · Court of Appeals for the Fifth Circuit · Aug 1, 2006

But the documents do not establish, nor does any other evidence establish, that Fuhs knew the buyback obligation survived the redaction such that the absence of references would suggest concealment. … Grand jurors are capable of judging credibility and they are free to disbelieve a witness and persevere in an investigation without immunizing a perjurer.”).

Charles L. Walker v. U-Haul Co. Of Mississippi, U-Haul International, Inc. And Amerco, Etc.

734 F.2d 1068 · Court of Appeals for the Fifth Circuit · Jun 25, 1984

Third, the Lewis court clearly premised its holding, at least in part, on the fact that the plaintiff suffered no damage from relying on the defendants’ alleged promise. 37 Walker, in contrast, claims that he gave up his … Walker might, however, have considerable difficulty establishing his standing even to raise the interbrand competition claim.

Fanklin Delano Floyd v. United States

365 F.2d 368 · Court of Appeals for the Fifth Circuit · Sep 2, 1966

Upon such a motion or upon a similar motion in behalf of the accused, or upon its own motion, the court shall cause the accused, * * * to be examined as to his mental condition by at least one qualified psychiatrist, who … United States, supra, is that the conclusive showing, required for the exception to the hearing requirement of section 2255, may not be established solely on the basis of affidavits on the issue of trial competency.

Reed v. Quarterman

504 F.3d 465 · Court of Appeals for the Fifth Circuit · Jan 12, 2009

Under § 2254(d)(1), a decision is contrary to clearly established federal law if “the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law” or “confronts facts that are … State procedural bar On appeal to the TCCA, Reed presented a “comparative analysis” to establish a Batson violation.

Bienvenu v. Texaco, Inc

Court of Appeals for the Fifth Circuit · Feb 18, 1999

By arguing that workers injured on navigable water only qualify for LHWCA coverage if they perform longshore duties, Judges Jones and DeMoss fail to recognize the long established principle that persons engaged in work … Nevertheless, the majority relies upon Perini to establish two essential premises.