Case law

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.

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.

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.

Ariana M. v. Humana Health Plan of Tex., Inc.

884 F.3d 246 · Court of Appeals for the Fifth Circuit · Mar 1, 2018

But, inasmuch as Firestone clearly does not mandate a de novo standard of review for factual disputes, trust law controls, as instructed by Firestone. … Hartman was not qualified, Ariana’s counsel referenced a deposition of Dr. Hartman. Id.

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

Mario Prichard-Ciriza v. Immigration and Naturalization Service

978 F.2d 219 · Court of Appeals for the Fifth Circuit · Dec 3, 1992

However, the statute clearly provides for the possibility of waiver only when the alien has established “a lawful unrelinquished domicile of seven consecutive years.” 8 U.S.C. § 1182 (c). … arguments did not affect the BIA’s decision on the propriety of the IJ’s findings; rather, they would be appropriate, if at all, only when considering whether to grant Prichard a waiver of de-pqrtability for which he was not qualified

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.

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

Claude Cimino v. Raymark Industries, Inc., Pittsburgh Corning Corporation and Asbestos Corporation Limited

151 F.3d 297 · Court of Appeals for the Fifth Circuit · Sep 21, 1998

Fibreboard clearly so holds. So, also, in Jackson v. … Indeed, the instant case is clearly a fortiori of Ross .

Virgie Lee Valley, United States of America, Intervenor-Appellee v. Rapides Parish School Board, Virgie Lee Valley, United States of America, Intervenor-Appellee v. Rapides Parish School Board, Clyde Holloway, Virgie Lee Valley v. Rapides Parish School Board v. Nelson Laborde, Intervenors-Appellants v. United States of America, Intervenor-Appellee. Virgie Lee Valley, United States of America, Intervenor-Appellee v. Rapides Parish School Board, Marshall T. Cappel, Sheriff of Rapides Parish, Movant-Appellant. Virgie Lee Valley v. Rapides Parish School Board v. Nelson Laborde, Intervenors-Appellants v. United States of America, Intervenor-Appellee. Virgie Lee Valley, and United States of America, Intervenor-Appellee v. Rapides Parish School Board, State of Louisiana

646 F.2d 925 · Court of Appeals for the Fifth Circuit · May 18, 1981

We agree that the comment, taken in its absolute context, is clearly erroneous. … Clearly, the appellants were not entitled to intervene as a matter of right. In United States v.

James C. Thomas, as Trustee of Slt Trust 1 (Rev): 9/29/83 v. E. Lawrence Price, as Trustee of the Elaine Price Trust 1983

975 F.2d 231 · Court of Appeals for the Fifth Circuit · Nov 12, 1992

Ribstein, Bromberg and Ribstein on Partnership, § 3.05(c)(4) (1991) (“The assignment of management rights is so clearly inconsistent with the partnership standard form that the court should have required a stronger showing … Specifically, the district court found: O]nce SLT lost its rights to profits and surplus and management, SLT ceased to be a partner because the major criteria necessary for establishing partnership status must continually

33 Fair empl.prac.cas. 1324, 31 Empl. Prac. Dec. P 33,489 Israel Trevino, and Texas Rural Legal Aid, Inc., Movant-Appellant v. Celanese Corporation, Celanese Chemical Company and Arthur Brothers, Inc.

701 F.2d 397 · Court of Appeals for the Fifth Circuit · Mar 28, 1983

Clearly this applies to new employment and is different from an employee who is seeking promotion. … This evidence clearly raises a genuine issue of material fact as to Celanese's employer status.

Bassel v. Durand-Day

134 F.4th 846 · Court of Appeals for the Fifth Circuit · Apr 21, 2025

This income level qualifies Durand-Day as an above-median-income debtor under § 1325(b)(4), meaning her “applicable commitment period” 1 is five years. … But if there is an objection under § 1325(b)(1), the Bankruptcy Code also establishes a minimum plan length.

Wells v. Welborn

165 F. App'x 318 · Court of Appeals for the Fifth Circuit · Feb 1, 2006

However, the district court determined that the Clerk was entitled to qualified immunity because the constitutional right in question was not so clearly established that a reasonable official would understand that the official … court found the Clerk entitled to qualified immunity and granted summary judgment in favor of the Clerk.

National Labor Relations Board v. Tex-Tan, Inc.

318 F.2d 472 · Court of Appeals for the Fifth Circuit · May 24, 1963

On the other hand, his memory having been revived through the papers, they would not qualify as a record of a past recollection even though he presently swore they were true at the time prepared and signed. … Proof of the words spoken is made, not to establish the truth of the things stated, but the fact that the words as such were spoken.

Delco-Remy Division, General Motors Corporation v. National Labor Relations Board

596 F.2d 1295 · Court of Appeals for the Fifth Circuit · Jun 18, 1979

The record clearly establishes that Delco had just cause to discharge Phillips. … We observed that an employee’s *1313 qualified right under Section 9(a) of the Act to take a grievance to his employer was not a company benefit but rather was a benefit conferred by law. 566 F.2d at 1255.

Jackson v. Tarrant County

Court of Appeals for the Fifth Circuit · Oct 29, 2025

Thus, even if Rucho’s precise result does not control, its reasoning clearly does. The Challengers’ viewpoint-discrimination claim is nonjusticiable. … To be sure, rational-basis review is something of a misnomer: it is seldom rational, rests on little basis, and scarcely qualifies as review.

Gomez v. Quarterman

529 F.3d 322 · Court of Appeals for the Fifth Circuit · May 27, 2008

We do “not grant relief on any claim ad- judicated on the merits by a state court unless the state decision was contrary to, or an unreasonable application of, clearly established federal law as deter- mined by the Supreme … application of . . . clearly established Federal law.’”

Diana Palacios v. City of Crystal City, Texas, et

634 F. App'x 399 · Court of Appeals for the Fifth Circuit · Aug 11, 2015

The city asserted an immunity-based defense that was denied by the trial court, and the city appealed. … To establish a prima facie case of sex discrimination, Palacios must show that: “(1) she is a member of a protected class; (2) she was qualified for the position sought; (3) she was subject to an adverse employment action