Case law

United States v. Leslie Moskowitz

667 F. App'x 457 · Court of Appeals for the Fifth Circuit · Jul 5, 2016

Moskowitz has not established that the district court clearly erred in its quantity finding. … The description in the PSR of Moskowitz’s activities, which was derived from statements by his codefendants, supported that he possessed 737.1 grams of methamphetamine or otherwise was responsible for a quantity that qualified

Test Masters Educational Services, Inc. v. Singh

428 F.3d 559 · Court of Appeals for the Fifth Circuit · Oct 18, 2005

The cantankerous relationship between these parties is clearly evident from the record in this case. … We do not find the district court’s view of the evidence to be clearly erroneous.

Jason Grab v. Boh Brothers Construction Co.

506 F. App'x 271 · Court of Appeals for the Fifth Circuit · Jan 7, 2013

In that case, we considered whether a derrick barge’s crane operator satisfied the Chandris test and qualified as a seaman. … Where the worker divides his time between vessel and land, an employee can only establish the requisite connection to a vessel—and thus qualify as a seaman—if he spends a substantial portion of his time in service of the

United States v. Gilbert L. Dozier

672 F.2d 531 · Court of Appeals for the Fifth Circuit · Apr 8, 1982

Dozier necessarily concedes, therefore, that application of the Hobbs Act to punish solicitation of funds by an elected official is established precedent in this circuit. … When we evaluate “the sufficiency of the notice” afforded Dozier by the Act “in the light of the conduct” with which he is charged, his sales of influence do not qualify as marginal.

Clay v. Bowles

Court of Appeals for the Fifth Circuit · Jan 22, 2001

Fisher, Officer Kaloi, Deputy Knight, and Temple, were not following the established policy and customs of their employers, thus they are not entitled to “good faith” immunity. … These arguments appear to be a challenge to a qualified immunity defense. However, the district court did not rely on immunity to dismiss plaintiffs’ claims. This argument is therefore moot.

Billy Farmer, III v. United States

539 F. App'x 584 · Court of Appeals for the Fifth Circuit · Sep 9, 2013

“It is elementary that the United States, as sovereign, is immune from suits save as it consents to be sued . . . and [that] the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the … Secret Service office in Metairie, Louisiana, thus clearly demonstrating that they were aware from the beginning of the federal government’s involvement and that they were not “sandbagged” as they claim.

United States v. Charles A. Johnson, Dennis Lee Lipper, Lawrence Jess Storey, Jr., Jesse Roscoe Storey, Roger Mark Schlager and Brent Harelson

575 F.2d 1347 · Court of Appeals for the Fifth Circuit · Jul 5, 1978

Thus there was no need to call Stein as a witness to establish this fact. … It was therefore proper for the trial court to consider whether de Pianelli was qualified to provide such testimony.

United States v. William Kiekow

Court of Appeals for the Fifth Circuit · Sep 19, 2017

That finding was not clearly erroneous. See, e.g., United States v. … The district court did not clearly err in its cocaine calculation. See Harris, 740 F.3d at 966–67.

Kenneth Lockamy v. Alberto Campos

432 F. App'x 283 · Court of Appeals for the Fifth Circuit · Jul 6, 2011

Those remaining Defendants–Appellees were dismissed for qualified immunity, from which order Lockamy appealed in No. 10-10329. A jury held for Campos, from which verdict Lockamy appealed in No. 10-10644. … immunity.

Hoyle v. City of Hernando

Court of Appeals for the Fifth Circuit · Sep 4, 2024

“A district court abuses its discretion if it bases its decision on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Ross v. … And given the severity not only of Officer Solomon’s actions, but also those of Officer Brown, it’s possible that Hoyle could have prevailed in defeating, at minimum, Officer Brown’s qualified-immunity defense had his counsel

Fails v. Jefferson Davis County Public Schools

553 F. App'x 383 · Court of Appeals for the Fifth Circuit · Jan 15, 2014

The Failses first argue that precedent establishes a liberty interest that would allow them to continue enrolling their daughter in a school outside their district. … Accordingly, we do not need to consider the defendants’ immunity and mootness arguments. III.

Spence v. Omaha Indem. Ins. Co.

Court of Appeals for the Fifth Circuit · Jul 26, 1993

period governing actions to recover against WYO companies under SFIPs.12 That limitation clearly bars the Spences' contract claim.13 We reach a different conclusion, however, as to the timeliness of the Spences … We decline to accept a reading of that provision immunizing WYO companies from liability for the tortious conduct of their agents. 3.

Wooley v. N&W Marine Towing

90 F.4th 724 · Court of Appeals for the Fifth Circuit · Jan 8, 2024

And while N&W offers authority for the proposition that “[o]nce the court establishes jurisdiction exists, it has a duty to exercise that jurisdiction,” N&W nowhere explains, much less cites support for, how the district … In Williams, a case was removed from Texas state court pursuant to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1441(d), because a defendant, Pemex, qualified as a “foreign sovereign.” 985 F.2d at 810.

Maldonado v. Thaler

625 F.3d 229 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

of significantly subaverage intellectual functioning, although the low end of the confidence band for these scores could potentially qualify. … Puente agreed did not, by itself, qualify Maldonado for a diagnosis of mental retardation. Dr. Puente’s administration of the CTONI yielded an IQ score of 61.

United States of America, Equal Employment Opportunity Commission and Willie Beasley v. Terminal Transport Co., Inc., and International Brotherhood of Teamsters, Chauffeurs, Etc., Defendants- John T. Allen, John T. Allen and Willie Beasley v. Terminal Transport Co., Inc., and International Brotherhood of Teamsters, Chauffeurs, Etc., Defendants

653 F.2d 1016 · Court of Appeals for the Fifth Circuit · Aug 21, 1981

1964) against the union, which were finally determined by the Supreme Court's decision in (Teamsters supra). 9 (Footnote omitted.) 13 Based on the record before us, the findings of the district court cannot be said to be clearly … : (1) that Terminal discriminated in hiring on account of race, (2) that specific individuals were damaged thereby and (3)(a) that each specific individual opted for a job which Terminal denied him; (b) that he was then qualified

United States v. James Andrew Colbert and Michael Beryl Reese

474 F.2d 174 · Court of Appeals for the Fifth Circuit · Feb 14, 1973

In the instant case, where the facts are at best equivocal and the government’s evidence below was clearly directed at proving probable cause and not abandonment, the factual findings were clearly inadequate for us to make … First, as nice as a rule of this type sounds, it is not the established test.

Texas Eastern Transmission Corporation v. Federal Energy Regulatory Commission, Associated Gas Distributors v. Federal Energy Regulatory Commission, Transcontinental Gas Pipeline Corporation v. Federal Energy Regulatory Commission

769 F.2d 1053 · Court of Appeals for the Fifth Circuit · Aug 19, 1985

The drafters' choice of the words "rule or order" in this context clearly contemplates the establishment of an industry-wide scheme of reimbursement. … With respect to post-NGPA systems an allowance is created to reimburse a first seller for qualified stages of compression, as well as for the cost of fuel to drive the compressor.

Lee v. Morial

Court of Appeals for the Fifth Circuit · Apr 29, 2002

Although lation of a clearly establish[ed] constitutional right, even a single decision by a final policymaker the defense of qualified immunity will not sustain … right clearly established at the pending the public employee with pay.

Marquez-Marquez v. Gonzales

455 F.3d 548 · Court of Appeals for the Fifth Circuit · Jul 7, 2006

But Crider clearly was not born outside the United States ‘of parents both of whom are citizens.’ Crider was born of parents neither of whom were or are citizens of the United States. … Congress has the power to “establish an Uniform Rule of Naturalization,” U.S.

Bobby James Moore v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

185 F.3d 244 · Court of Appeals for the Fifth Circuit · Oct 27, 1999

But Salazar later qualified her testimony by stating that she was not certain and could be mistaken. … Under AEDPA, a state court’s legal conclusion may not be disturbed absent a showing that the state court conclusion is *261 contrary to, or involved an unreasonable application of, clearly established law, as determined by