Case law

United States v. Bibian Garcia-Montejo

570 F. App'x 408 · Court of Appeals for the Fifth Circuit · Jun 4, 2014

Therefore, the district court clearly erred when it applied the 16-level crime of violence enhancement. … 9  Case: 13-40737 Document: 00512652932 Page: 10 Date Filed: 06/04/2014 No. 13-40737 the district court’s error clearly

National Bank of Commerce v. Williams

159 F. 615 · Court of Appeals for the Fifth Circuit · Dec 10, 1907

Brady-Stein Dumber Company was duly adjudged a bankrupt on the 16th day of February, 1905, and Mason Williams was then appointed trustee and qualified. … The amount paid was fully land clearly stated; the amount remaining unpaid was a matter of calculation.

Jerry Lynn Young v. Robert Herring, Lee County Sheriff

938 F.2d 543 · Court of Appeals for the Fifth Circuit · Jul 26, 1991

The petitioner bears the burden of establishing his right to a federal eviden-tiary hearing. … He is, therefore, uniquely qualified to appraise the prejudicial effect of a communication on the jury. See United States v. Bagnariol, 665 F.2d 877 (9th Cir.1981). .

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

In Re Anschuetz & Co., Gmbh

754 F.2d 602 · Court of Appeals for the Fifth Circuit · Mar 7, 1985

Indeed, the rules clearly contemplate their applicability abroad if the United States Court has jurisdiction. III. … Foreign-based companies that choose to conduct business within the United States are, of course, amenable to the jurisdiction of American courts and are simply not clothed with the immunity of the foreign government under

United States v. Parsons

367 F.3d 409 · Court of Appeals for the Fifth Circuit · Apr 19, 2004

In 1996, Congress enacted the MVRA, 18 U.S.C. § 3663A (1996), which mandates restitution for certain crimes and clearly indicates that such restitution is compensatory and non-abatable. … The decision thereby divests the victims of vested rights established by the restitution order as a civil judgment.

National Labor Relations Board v. Buddies Supermarkets, Inc.

481 F.2d 714 · Court of Appeals for the Fifth Circuit · Jun 25, 1973

The court observed : It is not questioned that a conversation may constitute a concerted activity although it involves only a speaker and listener, but to qualify as such, it must appear at the very least that it was engaged … This is clearly not a case where the store manager had long been familiar with the activities and attitudes of the several employees under his supervision.

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.

United States v. Owhib

341 F. App'x 10 · Court of Appeals for the Fifth Circuit · Jul 14, 2009

defendant of “the nature of each charge to which the defendant is pleading.” 2  No. 08-10725 Even assuming that the district court clearly … Owhib argues that his trial counsel provided ineffective assistance by failing to tell him that he could not qualify for an acceptance of responsibility reduction.

Hekmat Wadih Mikhael v. Immigration and Naturalization Service

115 F.3d 299 · Court of Appeals for the Fifth Circuit · Jun 4, 1997

GARZA, Circuit Judge, dissenting: 39 I agree with the majority that, to qualify as a refugee under the "well-founded fear of persecution" prong of INA § 101(a)(42)(A), 8 U.S.C. § 1101 (a)(42)(A), an alien need not demonstrate … Even if the chance of persecution is less than clearly probable, a reasonable person may still fear persecution....

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.

Snap-Drape, Inc. v. Commissioner

98 F.3d 194 · Court of Appeals for the Fifth Circuit · Oct 28, 1996

On February 1, 1990, Taxpayer established the Snap-Drape, Inc. Employee Stock Ownership Plan and Trust (the ESOP). … During its 1990 taxable year, Taxpayer made a qualifying contribution of $240,732 to the ESOP.

McClain v. Lufkin Industries, Inc.

519 F.3d 264 · Court of Appeals for the Fifth Circuit · Mar 10, 2008

In this case, both the district court and the plaintiffs rely principally on McClain’s January 1995 letter to establish administrative exhaustion. … According to McClain, the employee who received the extra training would be the most qualified and would therefore receive the promotion once the job became available.

Swope v. Columbian Chemicals Co.

281 F.3d 185 · Court of Appeals for the Fifth Circuit · Jan 24, 2002

The plaintiffs’ stipulated motion to dismiss was qualified. … .41 When the nonmovant would bear the burden of proof at trial, however, the moving party can make a proper summary judgment motion in reliance on the pleadings and the allegation that the nonmovant has failed to establish

United Industrial Workers of the Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, Marine Allied Workers Division, Afl-Cio v. Board of Trustees of Galveston Wharves and the City of Galveston, Texas, Board of Trustees of Galveston Wharves and the City of Galveston, Texas v. United Industrial Workers of the Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District, Marine Allied Workers Division, Afl-Cio

400 F.2d 320 · Court of Appeals for the Fifth Circuit · Aug 8, 1968

'Plaintiff's effort to recover back wages and benefits here is clearly a claim to 'rights accrued' 14 and, therefore, a minor dispute relegated to the Railroad Adjustment Boars. * * *' The court went on to suggest that 'this … The City of Galveston, owner and operator of the elevator facilities, is a sovereign arm of the State of Texas and is therefore immune from the application of that Act. 32 37 The ultimate issue, then, is the applicability

Jett v. Dallas Independent School Dist.

Court of Appeals for the Fifth Circuit · Mar 25, 2003

As to the former, the Court held that: "... the express "action at law' provided by § 1983 for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws,' provides the … to establish that the DISD board of trustees had delegated to Q.

Ryburn v. Potter

155 F. App'x 102 · Court of Appeals for the Fifth Circuit · Oct 7, 2005

In order to survive summary judgment in a Title VII lawsuit, the plaintiff must first establish a prima facie case of discrimination. … The FSM 1000, however, accommodated only six operators at any given time, which clearly exceeded the thirteen qualified operators already employed by the Postal Service when Ryburn began her position.

Taylor v. Univ MS Med Ctr

Court of Appeals for the Fifth Circuit · Feb 9, 2024

—for instance, evidence that he was “clearly better qualified (as opposed to merely better or as qualified) than [Fleming].” Roberson-King v. La. … So, Taylor must point to evidence suggesting he was clearly more qualified than Fleming or that UMMC’s proffered reasons for promoting her were clearly unworthy of belief. Deines, 164 F.3d at 279.

EEOC v. Wal-Mart Stores Inc

154 F.3d 417 · Court of Appeals for the Fifth Circuit · Jul 30, 1998

The evidence does not establish that Brock was clearly better qualified than those hired at the Harlingen store after she applied on 20 October 1994. … Brock was not “clearly better qualified” than any of them.