Case law

Charles D. Gautreaux v. Scurlock Marine, Inc.

107 F.3d 331 · Court of Appeals for the Fifth Circuit · Feb 28, 1997

Gautreaux was qualified for the position, having worked as a tanker man since the early 1980s and having recently earned a United States Coast Guard master’s license. … Our design in Thezan may have been to continue holding seamen to a standard of ordinary prudence, but we failed to clearly articulate that intention. See also Shipman v.

Zhu v. Gonzales

Court of Appeals for the Fifth Circuit · Sep 5, 2007

The IJ also held that she did not qualify for an exception to the one-year filing deadline. … Furthermore, we agree with the [IJ]’s finding that the respondent failed to establish past persecution or a well-founded fear of future persecution.

Richard D. Barnett v. Internal Revenue Service

988 F.2d 1449 · Court of Appeals for the Fifth Circuit · Jun 1, 1993

Under well-established precedent, then, Barnett would certainly qualify as a “responsible person” under § 6672 for all four quarters at issue. … United States, 876 F.2d 485, 492 (5th Cir.1989) (affirming district court’s finding that defendant was responsible person as "not clearly erroneous”) 9 . See, e.g., Hochstein v.

United States v. Pittman

108 F.3d 333 · Court of Appeals for the Fifth Circuit · Jan 28, 1997

Even assuming that Pittman has standing to claim a violation of that privilege on behalf of the non-immunized witnesses, see United States v. … The jury was aware that Cowart was a convicted felon and that he had been granted immunity on drug charges.

United States v. Clark

260 F.3d 382 · Court of Appeals for the Fifth Circuit · Jul 26, 2001

The Court established a three-step inquiry to determine when new rules of criminal procedure apply retroactively on collateral review. Teague, 489 U.S. at 288 , 109 S.Ct. 1060 . … While Teague clearly counsels that we consider the need for finality in criminal matters, Apprendi dictates that criminal defendants not be convicted and sentenced for crimes more serious than those charged in their indictments

United States v. Montes-Salas

669 F.3d 240 · Court of Appeals for the Fifth Circuit · Jan 26, 2012

Montes-Salas’s first argument is based on circuit precedent holding that it is impermissible to establish that a defendant is a drug courier merely by establishing “similarities between [a] defendant[] and a profile.”11 Under … Rule 702 of the Federal Rules of Evidence, a qualified expert witness may offer reliable opinion testimony in a criminal case if specialized knowledge will assist the trier of fact to understand the evidence or to determine

Evelyn Larbie v. Derek Larbie

690 F.3d 295 · Court of Appeals for the Fifth Circuit · Jul 31, 2012

Crucially, consent for a particular tribunal to make a final custody determination—which may be established by entry of a temporary custody order—suffices to establish an affirmative defense under the Convention. … Notably, when “the child’s initial move from an established habitual residence was clearly intended to be for a specific, limited duration[,] . . . most courts will find no change in habitual residence.”

Shelley Soniat v. Texas Real Estate Commission, et

Court of Appeals for the Fifth Circuit · May 9, 2018

“Federal courts lack jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.” … Congress has not clearly abrogated state agencies’ sovereign immunity from suits brought under 42 U.S.C. § 1983, Will v.

Carpenters Local Union No. 1846 of the United Brotherhood of Carpenters & Joiners of America v. Pratt-Farnsworth, Inc.

690 F.2d 489 · Court of Appeals for the Fifth Circuit · Nov 4, 1982

, but concludes that A has not been established and therefore declines to consider whether B has been established, a reviewing court that reverses the conclusion that A has not been established must remand to the agency to … Clearly section 9(b) refers only to cases pending before the Board under the NLRA.

George v. SI Group

Court of Appeals for the Fifth Circuit · Jul 9, 2026

To the contrary, although Hall posits that SI Group could have forced Veolia to use matting, it clearly did not do 9 Case: 25-40286 Document: 95-1 Page: 10 Date … As to the marketing defect/failure-to-warn claim, the district court concluded that the summary judgment evidence established that foreseeable users of the tanker trailer would have special training and knowledge about the

Lewis v. City of Shreveport

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

Lewis appeals an adverse grant of summary judgment based, in part, on the qualified-immunity doctrine. … The district court did not err in granting summary judgment on the basis of qualified immunity.

United States v. Thomas Malone, Jr.

809 F.3d 251 · Court of Appeals for the Fifth Circuit · Dec 11, 2015

There is no dispute that these studies were conducted by professional scientists using established methods and many were subjected to peer review. … This is more than enough to qualify them as “reasonably reliable.”

Health Care Service Corp. v. Methodist Hospitals o

814 F.3d 242 · Court of Appeals for the Fifth Circuit · Feb 10, 2016

That text clearly distinguishes between the provision of “benefits” to beneficiaries and the payment of “claims” to providers, by using the word “benefit” in relation to insureds, not providers. … Granatelli, 33 we cautioned in dicta that a stop-loss insurance policy could qualify as an accident-and-sickness policy subject to regulation as direct insurance if its coverage kicked in at an unreasonably low dollar amount

Dickson v. Federal Aviation Administration

480 F. App'x 263 · Court of Appeals for the Fifth Circuit · May 30, 2012

Berry concluded that Dickson suffered a loss of consciousness secondary to seizure, and that he was not qualified for flight duties. … First, Dickson bears the burden of proving that his current medical condition qualifies him for an Authorization.

Groome Resources Ltd, Llc, United States of America, Intervenor v. Parish of Jefferson

234 F.3d 192 · Court of Appeals for the Fifth Circuit · Nov 20, 2000

See id. at 1750-51 (“Such a jurisdictional element may establish that the enactment is in pursuance of Congress’ regulation of interstate commerce.”). … The Court held that “an owner-occupied residence not used for any commercial purpose does not qualify as property ‘used in’ commerce or commerce-affecting activity.” Jones, 120 S.Ct. at 1908 .

United States v. Baltazar Lara-Lorenzo

609 F. App'x 272 · Court of Appeals for the Fifth Circuit · Jul 16, 2015

In view of Martinez-Lugo, Lara fails to establish that the district court clearly or obviously erred in adjusting his offense level. Lara is correct that his second argument is foreclosed by United States v. … Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that a federal conviction for conspiracy to commit a federal drug trafficking offense qualifies for the § 2L1.2(b)(1)(A)(i) adjustment.

Smith v. France

Court of Appeals for the Fifth Circuit · Mar 18, 2021

It also held that the Louisiana Stadium and Exposition District was protected by sovereign immunity from all of Smith’s claims and that France was protected by sovereign immunity from Smith’s claims for damages. … The Louisiana legislature clearly knows how to require intent for discrimination, but it apparently chose not to do so for places of public accommodation.

Barrientes v. Johnson

221 F.3d 741 · Court of Appeals for the Fifth Circuit · Sep 5, 2000

In Emery, we stated: An abuse of the writ can qualify as a procedural bar. … clearly established Federal law, as determined by the Supreme Court of the United States” “if the state court arrives at a conclusion opposite to that reached by [the Supreme Court] on a question of law or if the state

United States v. Chikenna Jones

733 F.3d 574 · Court of Appeals for the Fifth Circuit · Oct 28, 2013

“The defendant can establish a prima facie non-frivolous double jeopardy claim through indictments or other documentation to establish the earlier charges, or even through his own testimony.” United States v. … The record in the Ngari case clearly establishes the earlier charges.

United States v. Baltazar Lara-Lorenzo

Court of Appeals for the Fifth Circuit · Jul 17, 2015

In view of Martinez-Lugo, Lara fails to establish that the district court clearly or obviously erred in adjusting his offense level. Lara is correct that his second argument is foreclosed by United States v. … Rodriguez-Escareno, 700 F.3d 751, 753-54 (5th Cir. 2012), which held that a federal conviction for conspiracy to commit a federal drug trafficking offense qualifies for the § 2L1.2(b)(1)(A)(i) adjustment.