Case law

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.

Murray v. Quarterman

243 F. App'x 51 · Court of Appeals for the Fifth Circuit · Jul 18, 2007

The five-month-old expert report contrary to any clearly established federal law stating Murray was competent to stand trial is as determined by the Supreme Court. … Because he has not estab- justice.’”2 “To prove ‘cause’ [Murray] must lished that he qualifies for an exception to the establish that some ‘external force’ impeded exhaustion requirement, he is

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.

Rivera v. Texas State Board of Medical Examiners

431 F. App'x 356 · Court of Appeals for the Fifth Circuit · Jul 5, 2011

The Board, however, is clearly a Texas state agency. Dolenz v. Tex. State Bd. of Med. Exam’rs, 981 S.W.2d 487, 489 (Tex. Ct. App. 1998). … Because Texas has not waived immunity for intentional tort claims such as defamation and libel, see TEX. CIV. PRAC. & REM. CODE ANN. §101.057(2), Dr.

Bassett Furniture Industries of North Carolina, Inc., D/B/A Bassett Furniture Industries of Georgia, Cross-Appellee v. Nvf Company, Cross-Appellant

576 F.2d 1084 · Court of Appeals for the Fifth Circuit · Jul 20, 1978

Counsel did make an offer of proof and indicated that it would qualify as an admission against interest. … I have not been in the furniture manufacturing plant and so I cannot qualify as an expert as to whether or not these samples, which are marked bad, could be used.

Crawford v. City of Houston Texas

260 F. App'x 650 · Court of Appeals for the Fifth Circuit · Dec 20, 2007

Plaintiffs’ oft-made allegation that Day was less qualified suffers the same infirmity as the other evidence: on its own, his being less qualified says nothing of whether those who picked him did so in conformity with the … The testimony clearly establishes that the persons involved in selecting Day over Plaintiffs were the members of the Department’s screening panels, Cooper, and Link.18 The only evidence indicating that the alleged

United States v. Warren

986 F.3d 557 · Court of Appeals for the Fifth Circuit · Jan 22, 2021

A defendant’s role in the offense is a factual finding reviewed for clear error. 40 “A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” 41 Under § 3B1.1, … All this would seem to preclude the manager or supervisor adjustment under Application Note 2, which provides that “[t]o qualify for an adjustment under this section, the defendant must have been the organizer, leader

United States v. Hamilton

37 F.4th 246 · Court of Appeals for the Fifth Circuit · Jun 15, 2022

Hamilton acted as an organizer of the HHA agency owners in establishing an agreement to pay and receive kickbacks. … Thus, she qualified for the leader-organizer enhancement. V. Dr.

Garza Rios v. Garland

Court of Appeals for the Fifth Circuit · Apr 9, 2021

Even assuming the motion was timely, the BIA concluded Garza Rios failed to establish eligibility for cancellation of removal because he did not put forth sufficient evidence that any qualifying relatives would experience … that his qualifying relatives would experience exceptional and extremely unusual hardship upon removal.

United States v. Palmer

122 F.3d 215 · Court of Appeals for the Fifth Circuit · Sep 3, 1997

This fails to qualify as the “timely objection” required by our Circuit. See id. … This district court’s findings on this issue were not clearly erroneous.

Elenore Pred v. Board Of Public Instruction Of Dade County, Florida

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

in 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.

United States v. Gregory McRae

Court of Appeals for the Fifth Circuit · Dec 17, 2012

Government counsel qualified his argument, stating that Warren “didn’t have anything to do with the burning, okay, I am not suggesting that.” … Before reviewing the sufficiency of the evidence, however, we establish a background fact for our review: Although the right of access to courts is well established, vindicating that right through criminal prosecution is

City of New Orleans v. BellSouth Telecommunications, Inc.

690 F.3d 312 · Court of Appeals for the Fifth Circuit · Jul 31, 2012

The company further qualified its offer as follows: “Should any other person or company acquire the right to conduct a telephone exchange or business in the City, the Company would not feel justified in continuing its payments … In short, the City has failed to establish that BellSouth enjoys any franchise rights beyond those granted to it by the 1879 Ordinance.

Pioneer Exploration, L.L.C. v. Steadfast Insurance

767 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 22, 2014

We reject this argument because the 1996 agreement clearly states that “all rights herein granted are subject to and subordinate to” the 1958 mineral lease. … Based on this evidence, the district court held that the retained limit clearly had not been satisfied.

Carolyn Sapp v. Patrick Donahoe

539 F. App'x 590 · Court of Appeals for the Fifth Circuit · Sep 11, 2013

Under that framework, the plaintiff must first establish a prima facie case of discrimination, which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; … To establish a prima facie case of discrimination under the Rehabilitation Act, a plaintiff must show that (1) she has a disability; (2) she was otherwise qualified for her job; (3) she worked for a program or activity receiving

Cms Industries, Inc. v. L. P. S. International, Ltd. And Sam C. Evans, Minnesota Mining and Manufacturing Company, Etc. v. See International, Ltd., Stop-Loss Incorporated, Sam Evans v. Elmer Whitaker, Cms Industries, Inc., and Fred Langley

643 F.2d 289 · Court of Appeals for the Fifth Circuit · Apr 22, 1981

(2) The Unrecorded Agreement 19 The legal effect of the unrecorded agreement between SEE and Stoplifter is strenuously argued, SEE urging that the effect was to transfer the right to 3M's royalties back to itself, thus immunizing … Moreover, whatever may have been the sufficiency of Whitaker's objections, the district court may, on its own motion and without abuse of discretion, properly refuse to credit an affidavit clearly defective on its face.

United States v. Santonio Lamond Walker and Jerry Lee Quinn

148 F.3d 518 · Court of Appeals for the Fifth Circuit · Jul 28, 1998

The second established exception to Bruton is a statement that falls within certain “firmly rooted hearsay exceptionfs].” Ohio v. … Basey, 816 F.2d 980, 1005 (5th Cir.1987) (the out-of-court statement must “clearly implicate the eodefendant”).

Epley v. Lopez

Court of Appeals for the Fifth Circuit · Apr 21, 2025

Epley does not argue that the district court’s conclusion that he was a citizen of Texas prior to his incarceration was clearly erroneous. … Lubbock clearly does. This court has previously addressed a similar case. In Holloway v.

Fmc Finance Corporation v. Albert D. Murphree, Jr. And Dorothy E. Murphree

632 F.2d 413 · Court of Appeals for the Fifth Circuit · Dec 8, 1980

On the other hand, section 2-302 expressly applies to “any clause of the contract,” and section 2-316 does not expressly state that all disclaimers meeting its requirements are immune from section 2-302. … Abandonment of the total domination or “instrumentality” factor is clearly required in cases seeking to hold the subsidiary liable for the acts of the parent.

Lewis v. New Orleans Clerks & Checkers, I.L.A. Local No. 1497

724 F.2d 1109 · Court of Appeals for the Fifth Circuit · Jan 12, 1984

deferential, "nonactive" approach in the review of the grant of a preliminary injunction under section 10(l ) because the legal questions are thereby preserved for the forum--the Board--that Congress has designated as best qualified … Sec. 160 (l ). 6 Of course, the factual findings of the district court, e.g., what happened, are reviewable under the clearly erroneous standard.