Case law

American Precision v. Mineral Wells

90 F.4th 820 · Court of Appeals for the Fifth Circuit · Jan 12, 2024

were conclusively established by the express terms); see also Morales v. … If the $150,000 “gift” from the City to APA stood alone, then clearly it would be improper, and I would readily join my esteemed colleagues.

Methane Awareness v. USA

173 F.3d 323 · Court of Appeals for the Fifth Circuit · Apr 19, 1999

, used, re-established, or renewed.” 41 C.F.R. § 101-6.1015(a) (1997). … MARG contends that, because the regulations do not permit retroactive re-establishment, see supra note 10, BSC was not properly re- established until April 9, 1997, and that, even if retroactive re- establishment were permitted

Romero v. Donley County Tx

Court of Appeals for the Fifth Circuit · May 31, 1996

As in our case, the district court denied a summary judgment motion wherein the defendants claimed qualified immunity. … The individual defendants claim qualified immunity from suit under Texas law.

United States v. Ella M. Bowman

636 F.2d 1003 · Court of Appeals for the Fifth Circuit · Feb 9, 1981

The original version of § 1973i(c) was not limited to federal elections; the qualifying language was added because it was felt that Congress had no constitutional authority to enact legislation to prevent corruption in all … Evidence at trial established that Reed voted in the Senate race. Id. at 1080.

United States v. David Israel Namer

835 F.2d 1084 · Court of Appeals for the Fifth Circuit · Jan 4, 1988

We are bound to accept the factual findings of the district court, unless we deem them clearly erroneous. Based on those findings, for the reasons assigned, we affirm. … Namer contends that “collateral estoppel operates to bar the introduction or argumentation of certain facts necessarily established in a prior proceeding.” United States v.

Thermacor Process LP v. BASF Corp

Court of Appeals for the Fifth Circuit · Jun 17, 2009

The nonmovant must designate specific facts that establish a genuine issue of material fact exists on all elements of its claims. … See, e.g., Prudential, 896 S.W.2d at 163 (explaining that vague adjectives are not specific enough to qualify as a representation).

Continental Assurance Co. v. Supreme Construction Corp.

375 F.2d 378 · Court of Appeals for the Fifth Circuit · Mar 28, 1967

When this tangled skein is unraveled and the threads laid out it is seen that most of the questions involved are factual and, in our opinion, the determinations thereof by the trial court were not clearly erroneous. … The finding of the District Court that the beneficiaries had not established accidental death as defined by the policy is not plainly erroneous. Affirmed. .

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.”

Williams v. Cain

125 F.3d 269 · Court of Appeals for the Fifth Circuit · Oct 3, 1997

Johnson, 110 F.3d 1098, 1108 (5th Cir.1997) ("If reasonable jurists could disagree, the state court decision on a mixed question of law and fact is not 'an unreasonable application of federal law,' and thus the decision is immune … We cannot say, under the AEDPA's deferential standard of review, that the state court's conclusion "involved an unreasonable application of" clearly established federal law.

Jesus Paras Liwanag v. Immigration and Naturalization Service

872 F.2d 685 · Court of Appeals for the Fifth Circuit · Jun 28, 1989

Sec. 1153 (a)(2) allows the issuance of immigrant visas to qualified persons who are "the spouses, unmarried sons or unmarried daughters" of aliens lawfully admitted for permanent residence 2 The dissent suggests that we … As Judge Reinhardt noted, "[t]he intent of Congress in amending the section was not to enable the BIA to deport an individual, like Start, who clearly qualified for relief."

United States v. Benito Sanchez-Rodriguez

830 F.3d 168 · Court of Appeals for the Fifth Circuit · Jul 8, 2016

Considering, as we must, the “‘least culpable’ means of violating the statute of conviction,” Rodriguez-Negrete, 772 F.3d at 225, Glenn clearly establishes that a defendant need have no specific intent in order to be found … Sanchez-Rodriguez must also demonstrate “a realistic probability, not a theoretical possibility,” that Florida “would apply its statute to conduct falling outside the generic definition” in order to establish error on the

United States v. Darlin Rodriguez-Herrera

Court of Appeals for the Fifth Circuit · Oct 30, 2014

But the instant case is clearly distinguishable from Gutierrez-Ramirez because, there, the abstract of judgment was the only evidence showing that the conviction was for a particular part of a statute. … Here, 6  Case: 13-40491 Document: 00512820587 Page: 7 Date Filed: 10/30/2014 No. 13-40491 Rodriguez-Herrera has not established such a

Ralph Whitley v. BP, P.L.C.

Court of Appeals for the Fifth Circuit · Oct 4, 2016

. §§ 1001-1461, protects participants in voluntarily established, private sector retirement plans. … It does this “by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans.” 29 U.S.C. § 1001(b).

Public Service Company Of North Carolina, Inc. v. Federal Energy Regulatory Commission

587 F.2d 716 · Court of Appeals for the Fifth Circuit · Feb 8, 1979

As we see it, Southland establishes the principle that any party, whether a "natural gas company" or not, that acquiesces in the "dedication" of its gas to interstate commerce becomes obligated to continue the dedicated service … Once this gas was so dedicated, the Court held, the owners could not divert it from interstate commerce without first seeking Commission authorization under § 7(b) of the Act. 18 The facts of the case before us are clearly

United States v. Manners

384 F. App'x 302 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

“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.” Esmark Apparel, Inc. v. … The prosecution failed to correct this testimony, despite being aware that the terms of the witness’s plea bargain included a promise of immunity in another case. Id. at 178.

Sharkey v. Dixie Electric Membership Corp.

262 F. App'x 598 · Court of Appeals for the Fifth Circuit · Jan 23, 2008

To establish this prima facie case, the plaintiff must show: (1) that he is a member of a protected class; (2) that he applied and was qualified for a job for which the employer was seeking applicants; (3) that, despite his … Because it is undisputed that Sharkey had achieved the minimum test scores necessary to be considered for the Lineman Helper position, that evidence should have been deemed sufficient to establish that Sharkey was qualified

MBank Fort Worth, N.A. v. Trans Meridian, Inc.

820 F.2d 716 · Court of Appeals for the Fifth Circuit · Jul 2, 1987

The transaction in. this case can qualify as a security transaction under the securities laws, and as a transaction in goods or services under the DTPA. See Vick v. … Clearly this rule brings MBank within the coverage of the DTPA.

Donald E. Muir, H. Jeff Buttram, and O. Navarro Faircloth, Plaintiffs v. Alabama Educational Television Commission Jacob Walker, Etc.

656 F.2d 1012 · Court of Appeals for the Fifth Circuit · Sep 21, 1981

The statutory provisions establishing AETC provide in pertinent part: § 16-7-1. Creation. … The cases cited are clearly distinguishable on their facts.

Migis v. Pearle Vision Inc

Court of Appeals for the Fifth Circuit · Mar 10, 1998

The calculation of attorney’s fees involves a well- established process. … And, it is more than well- - 21 - established that “a finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with

Tafesse v. Sally Beauty Co Inc

149 F.3d 1177 · Court of Appeals for the Fifth Circuit · Jun 30, 1998

, thus failing to establish an element of her prima facie case of discrimination. … Chevron U.S.A., Inc., 14 F.3d 1082, 1088 (5th Cir. 1994) (holding that because plaintiff was unable to show that she was qualified for the applied-for position, she could not establish a prima facie case of discrimination