Case law

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.

Ellis Campbell, Jr., District Director of Internal Revenue v. Bert Fields and Alyne Fields

229 F.2d 197 · Court of Appeals for the Fifth Circuit · Jan 27, 1956

To qualify for the deduction the expenditure must be ordinary, it must be necessary, and it must be an expense. … This was clearly an effort to classify them as deductible under Section 23(a) (2) (non-business expenses).

John Doe, Individually and as Next Friend of Jane Doe, a Minor v. Duncanville Independent School District

70 F.3d 402 · Court of Appeals for the Fifth Circuit · Dec 12, 1995

Doe qualified to play on the girls' basketball team and was placed in an athletic class specially designated for team members. … Integrating religion into the curriculum in subjects where it is clearly appropriate for discussion raises a host of issues beyond the scope of this opinion.

United States Leather, Inc. v. H & W Partnership

60 F.3d 222 · Court of Appeals for the Fifth Circuit · Aug 7, 1995

United States, 711 F.Supp. 479, 480-81 (C.D.Ill.1989); see also In re Swine Flu Immunization Prod. Liab. … Helms and H & W contend the evidence clearly established that Lackawanna had never transacted with H & W before the August 8 promissory note.

Davis v. US Marshals Srv

Court of Appeals for the Fifth Circuit · Mar 29, 2021

Nor can he be considered a third-party beneficiary who would be entitled to enforce the contract, as the background investigation provisions are clearly not a promise made for Davis’ benefit.” … The CDA applies to “express or implied” contracts, 41 U.S.C. § 7102(a), and establishes a multi-tiered administrative review process.

Mullins v. TestAmerica, Inc.

564 F.3d 386 · Court of Appeals for the Fifth Circuit · Mar 30, 2009

TestAmerica, a Delaware corporation with its principal place of business in North Carolina, is clearly diverse from Plaintiffs, who are Texas citizens. … is not a matter of avoidance; it need not be pleaded as an affirmative defense”). 18 Thus, TestAmerica’s insistence that the Note is subordinated to Sagaponack’s loans is not an independent basis for non-liability that qualifies

Chemical Manufacturers Association v. U.S. Environmental Protection Agency, Nos. 87-4849

885 F.2d 253 · Court of Appeals for the Fifth Circuit · Oct 10, 1989

The EPA also qualified its statement: “if sufficient data exist, the Agency is considering comparing percent removals only for comparable ranges of influent concentrations. … The record does not establish this premise.

United States v. Ronald Scott Paul

274 F.3d 155 · Court of Appeals for the Fifth Circuit · Nov 19, 2001

He contends that giving Anderson the books would have been a purely gratuitous act, rather than bartering or trading, and thus cannot qualify as trafficking. … Restricting his access to this communication medium clearly serves the dual statutory goals of protecting the public and preventing future criminal activity.

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.

19 Employee Benefits Cas. 2297, Pens. Plan Guide P 23916e Warren A. Maher v. Strachan Shipping Company, United States of America, Intervenor

68 F.3d 951 · Court of Appeals for the Fifth Circuit · Nov 14, 1995

BACKGROUND Strachan Shipping Company (“Strachan”) was the employer sponsor of a qualified retirement plan subject to the provisions of ERISA (the “Plan”). … The Plan was a defined benefit plan established to provide retirement benefits for Strachan’s employees and their beneficiaries.

United States v. Jones

664 F.3d 966 · Court of Appeals for the Fifth Circuit · Dec 15, 2011

The Appellants later tried to establish that their Medicare expert relied on the GAO reports in forming his opinion. … They argue that the factual finding that Statewide’s treatment had no value was clearly erroneous.

Mesa Petroleum Co. v. Federal Power Commission

441 F.2d 182 · Court of Appeals for the Fifth Circuit · Apr 6, 1971

In the first place, we have established that the authority conferred by § 16 has been broadly construed. … As we have established in parts I and II, we fully accept the Commission’s corrective measures applicable to the post-abandonment period.

prod.liab.rep. (Cch) P 15,365 Ralph Kampen Katherine Kampen v. American Isuzu Motors, Inc.

157 F.3d 306 · Court of Appeals for the Fifth Circuit · Sep 30, 1998

If the plaintiff had not provided such proof, we presume that the plaintiff could not have established that his admitted misuse of the gun was nonetheless a reasonably anticipated use. 8 . … Clearly, any given warning may not by itself demonstrate that a wamed-against use is reasonably anticipated.

United States v. James D. Baresh

790 F.2d 392 · Court of Appeals for the Fifth Circuit · May 22, 1986

Thus, by paying Smith for his participation in the 30,000 pounds importation operation, Baresh clearly aided and abetted possession of the marijuana. … Baresh contends that the evidence at most established that he possessed but did not import marijuana on December 22.

United States v. Ellis

564 F.3d 370 · Court of Appeals for the Fifth Circuit · Mar 26, 2009

Ellis appeals his sentence on the grounds that his prior conviction for attempted common law robbery does not qualify as a “crime  No. 07-11276 of violence” under § 4B1.2 because … Fierro-Reyna, 466 F.3d 324, 327 (5th Cir. 2006) (“To establish the generic contemporary meaning of an enumerated offense, we consider, inter alia, the Model Penal Code, Professors LaFave's and Scott's treatises, modern state

Moore v. Quarterman

533 F.3d 338 · Court of Appeals for the Fifth Circuit · Jun 27, 2007

Morris al- which occurred when he was no older than so clearly acknowledged that IQ evidence ten. … If this is the case, then the district court should have reviewed the state court’s dismissal only to determine whether it was “contrary to, or involved an unreasonable application of, clearly established

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.

Offshore Production Contractors, Inc. v. Republic Underwriters Insurance

910 F.2d 224 · Court of Appeals for the Fifth Circuit · Aug 29, 1990

Under the payment scheme established by Republic and BMF, Republic would invoice BMF for an insurance premium shortly after coverage began. … The district court’s conclusion that Barbara neglected this duty was not clearly erroneous.

United States v. Donald Lorrin Cronn

717 F.2d 164 · Court of Appeals for the Fifth Circuit · Sep 28, 1983

The district court, 559 F.Supp. 124 , denied Cronn’s motion for access to grand jury selection records, thus aborting his attempt to establish underrepresentation. … The second point complains of the exclusion of the testimony of an expert witness, where the district court determined the proffered witness was not qualified.

Fowler v. Pennsylvania Tire Co.

326 F.2d 526 · Court of Appeals for the Fifth Circuit · Jan 10, 1964

Fowler qualified as Trustee of said estate. “(2) That on the 27th day of May, 1960, the bankrupt and the Pennsylvania Tire Company entered into an agreement called ‘POC Warehouse Agreement’. “(3) That the said POC Warehouse … “Waiver of any of the terms or conditions of the agreement by the Company shall not be construed to establish a precedent.” . 11 U.S.C. § 110 , sub. c provides as follows : “The trustee may have the benefit of all defenses