Case law

Royal Drug Company, Inc. v. Group Life And Health Ins. Co.

556 F.2d 1375 · Court of Appeals for the Fifth Circuit · Oct 27, 1977

though an automobile insurer might be able to guarantee by contract that repairs are done for its customers on a "cost" basis, thereby achieving increased profits or reduced rates, such agreements do not thereby become immune … FTC, 359 F.Supp. 887 (S.D.Tex.1973), aff'd., 496 F.2d 197 (5th Cir. 1974) 4 Relying on this general principle, plaintiffs argue that if the challenged activities do not clearly constitute the business of insurance, they fall

Philip Landry v. Judge J. Robert Hoepfner and William Guste, Jr., Attorney General, State of Louisiana

818 F.2d 1169 · Court of Appeals for the Fifth Circuit · Jul 9, 1987

Clearly, the right to a trial by jury does not extend to every criminal proceeding. In a plurality opinion in Baldwin v. … Further, the Court ruled that an offense imposing a penalty of up to six months imprisonment does not require a jury trial if it otherwise qualifies as a petty offense. Id.

Beverly J. Dean, Cross-Appellant v. Ford Motor Credit Company, Cross-Appellee

885 F.2d 300 · Court of Appeals for the Fifth Circuit · Oct 11, 1989

In this case the plaintiff’s second complaint clearly related to matters that occurred prior to the initial pleading. … The plaintiff contends that she was as qualified, if not more so, for the position as the person hired. Both Mr. Lumpkin and Mr.

Jameson v. CIR

Court of Appeals for the Fifth Circuit · Oct 12, 2001

This court concluded that the assets received by the charity under the bona fide settlement qualified for the deduction under the applicable statute. … Jameson's will directing that an independent appraisal establish the number of shares in the bequest to Andrew.

M. D.,By Next Friend Stukenberg v. Abbott

929 F.3d 272 · Court of Appeals for the Fifth Circuit · Jul 8, 2019

DFPS indicated that it was on track to report the establishment of a centralized system by the Fall of 2016. … Casefile system alerts notifying caseworkers of a child’s scheduled medical screenings, immunizations, and appointments. Id. at 286. Same as previous.

Arthur Massey v. EMC Mortgage Corporation

546 F. App'x 477 · Court of Appeals for the Fifth Circuit · Nov 5, 2013

That same month, EMC sent the Masseys a document stating, “You may qualify for a Home Affordable Modification Trial Period Plan.” … In Janu- ary 2010, EMC again wrote to the Masseys, referencing a “recent conversa- tion” pursuant to which EMC had established a “repayment plan” for the first loan.

Martinez v. Mukasey

Court of Appeals for the Fifth Circuit · Jun 9, 2008

It allows the Attorney General, in his discretion, to waive certain enumerated criminal grounds for inadmissibility for qualifying aliens. 8 U.S.C. § 1182(h). … Of course, we recognize the well-established maxim that statutes should be construed to avoid an absurd result. As discussed infra, our construction does not lead to that.

United States v. Dolph Finley

546 F. App'x 507 · Court of Appeals for the Fifth Circuit · Nov 11, 2013

The purpose of their trip was to purchase marijuana for resale from contacts Finley had previously established in Brownsville. … “Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that

Cosden Oil & Chemical Company, Cross-Appellee v. Karl O. Helm Aktiengesellschaft, Cross-Appellant

736 F.2d 1064 · Court of Appeals for the Fifth Circuit · Jul 23, 1984

While cover is the preferred remedy, the Code clearly provides the option to seek damages. See § 2.712(c) & comment 3. … Consequently, the mere failure to object within a reasonable time, without more, would not ... establish an agreement.” Preston Farm & Ranch Supply Inc. v.

United States v. Columbus Schalah Stephens, Jr.

779 F.2d 232 · Court of Appeals for the Fifth Circuit · Dec 27, 1985

He asserts the charts did not qualify for admission under Fed.R. Evid. 1006 and that he was further severely prejudiced when the court allowed the charts to accompany the jury into the jury room. … Stephens’ reading of Rule 1006 is also clearly inconsistent with one proper method of laying a foundation for admission of summary charts — admitting the documentation on which the summary is based. 5 J. Weinstein & M.

Zacarias v. Official Stanford Int'l Bank, Ltd.

931 F.3d 382 · Court of Appeals for the Fifth Circuit · Jul 22, 2019

The receivership-and thus qualifying investor claimants-will be deprived of $132 million in *398 settlement proceeds. … On the defendants' motion for judgment on the pleadings, the district court held that under Texas's attorney-immunity doctrine it lacked jurisdiction over the investor-plaintiffs' class claims, since these plaintiffs were

Broussard v. State Farm Fire & Casualty Co.

523 F.3d 618 · Court of Appeals for the Fifth Circuit · Apr 7, 2008

“This Court reviews . . . the determinations that the parties met their burdens [of proof] under the clearly erroneous standard.” Stevens Shipping & Terminal Co. v. … To qualify for punitive damages for negligent claim investigation, “the level of negligence in conducting the investigation must be such that a proper investigation by the insurer would easily adduce evidence showing its

St. John Dixon v. Alabama State Board of Education

294 F.2d 150 · Court of Appeals for the Fifth Circuit · Aug 4, 1961

We do not read this provision to clearly indicate an intent on the part of the student to waive notice and a hearing before expulsion. … For willful disobedience to the rules and regulations established for the conduct of the schools. “‘b.

Gomez v. City of Plainview

Court of Appeals for the Fifth Circuit · Aug 16, 2000

They alleged that the actions of the City and County Appellees violated their clearly established constitutional rights. … Both motions raised the affirmative defense of qualified immunity.

Bernheimer v. Bryan

93 F. 767 · Court of Appeals for the Fifth Circuit · Apr 25, 1899

When the courts of bankruptcy were opened, the office'of circuit judge had not been re-established. … If we may, or should, establish some rule or rules to regulate the same, we have not done so.

United States v. Zandra Pittman, Minor Child by Her Parents and Next Friends, Andrew and Patricia Pittman Geneva Harrell and Jimmy Harrell, Jr., Minor Children by Their Parents and Next Friends, Jimmie and Rose Mary Harrell, Plaintiffs-Intervenors v. The State of Mississippi, and Hattiesburg Municipal Separate School District, Defendant-Intervenor

808 F.2d 385 · Court of Appeals for the Fifth Circuit · Jan 12, 1987

It seems unlikely, therefore, that white students would attend these schools to take advantage of "Basic Skills Learning Centers" to be established. … The district judge instituted a model system of soliciting desegregation plans from qualified experts.

Yeager v. City of McGregor

Court of Appeals for the Fifth Circuit · Dec 29, 1992

This self-qualifying reference does not decide the present case. … Even when state law granted civil immunity to a peer review committee, the court has declined to find state action. Goss v. Memorial Hospital System, 789 F.2d 353 (5th Cir.1986).

United States v. Enrique M. Salinas

654 F.2d 319 · Court of Appeals for the Fifth Circuit · Aug 24, 1981

The trial judge avoided the difficulty through broad jury instructions: Now, in order to establish that the defendant, Enrique Salinas, is guilty of count one of the indictment, the following essential elements must be proved … The district court’s judgment in this respect is clearly supportable; it cannot reasonably be deemed an abuse of discretion. *329 The juror reported that she believed she had been a fair and impartial juror at trial.

Sosnava Rodriguez v. Ortega

Court of Appeals for the Fifth Circuit · Jul 2, 2026

Indeed, much of the analysis was simply to show that alien’s 25-yard entry in the United States was not enough to qualify him for the protections of such caselaw. … The Court reiterated that “the power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by [Congress] largely immune from judicial control.” Id. at 210.

Shawn Ezell v. Kansas City Southern Rwy Co.

866 F.3d 294 · Court of Appeals for the Fifth Circuit · Jul 31, 2017

. § 10101, et seq., overhauled federal railroad regulatory policy and established the Surface Transportation Board (STB), which is tasked with regulating rail transportation throughout the United States. … Notably, even if Ezell were to convince us that the FRSA’s preemption exception could save his blocking claim from ICCTA preemption, he has failed to show that the KCSR operating rule he cites qualifies as a “plan, rule,