Case law

Harvey Clark v. Thibodaux City

Court of Appeals for the Fifth Circuit · Sep 19, 2019

It does not qualify for § 1983 liability unless its conduct can be “fairly attributable to the State.” Priester v. Lowndes County, 354 F.3d 414, 423 (5th Cir. 2004) (quoting Bass v. … He is being sued in both his individual and official capacities and has asserted qualified immunity in response.

LYONDELL CHEMICAL CO. v. Occidental Chemical Corp.

608 F.3d 284 · Court of Appeals for the Fifth Circuit · Jun 8, 2010

Left with significant evidence of disposal at Highway 90 and credible evidence of a link between that disposal and the waste at Turtle Bayou, the district court did not clearly err in applying the “rule” absent countervailing … of Turtle Bayou—it lists 66 Id. 67 Occidental argues that a party, like Lyondell, who settles its CERCLA liability with the government has been held accountable and its share cannot qualify

United States v. Timothy Lynn Calverley

11 F.3d 505 · Court of Appeals for the Fifth Circuit · Feb 18, 1994

See U.S.S.G. § 3E1.1 (“If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.”). … Therefore, the authority cited by Calverley does not establish that the district court’s finding regarding acceptance of responsibility was without foundation.

Rogers v. McDorman

521 F.3d 381 · Court of Appeals for the Fifth Circuit · Mar 18, 2008

Robbins, 73 F.3d 918, 923-25 (9th Cir. 1996) (“In passing RICO, Congress did not evince a ‘clear legislative intent’ to displace common-law immunities.”). 27 Agency Holding Corp., 483 U.S. at 155-56 (emphasis … Bateman Eichler went beyond merely establishing when in pari delicto is available; the Court also addressed the defense’s substantive content. As the Court explained in Pinter v.

Carl M. Hadra v. Herman Blum Consulting Engineers, a Texas Corporation

632 F.2d 1242 · Court of Appeals for the Fifth Circuit · Dec 17, 1980

However, while Hadra may not have been “reassigned” to Dallas, the letter reproduced above clearly indicates that Blum Engineering did offer Hadra a new position back at the firm’s headquarters in Dallas. … Without analyzing the evidence in detail, it was defendant’s burden, after a showing of contractual breach by defendant, to establish the possibility of mitigation and the amount by which mitigation was possible.

Lormand v. US Unwired, Inc.

565 F.3d 228 · Court of Appeals for the Fifth Circuit · Apr 9, 2009

We disagree with the district court’s conclusion, because the language urged here is boilerplate and does not qualify as meaningful cautionary language. … The misrepresentations and omissions were not accompanied 30 by specific, concrete explanations that clearly identified and quantified the clearly

Robertson v. LSU Medical Center

Court of Appeals for the Fifth Circuit · Nov 21, 2002

immunity in this case. … P. 56 (C) on Robertson’s retaliation claim, it is unnecessary for us to discuss whether Robertson met the heightened pleading standard or whether Appellees are entitled to qualified immunity in this case.

Monique Roman v. Western Manufacturing, Inc.

691 F.3d 686 · Court of Appeals for the Fifth Circuit · Aug 17, 2012

We conclude both men were well-qualified as experts “by knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … We may not second-guess the jury’s choice between duly qualified experts. See Coffel v.

Delta Foundation, Inc. v. United States

303 F.3d 551 · Court of Appeals for the Fifth Circuit · Aug 20, 2002

Delta claims these records clearly list the dates and reasons for travel, and connect these travel expenses to grants. … Budget estimates (i.e., estimates determined before the services are performed) do not qualify as support for charges to awards.

City of Walker v. State of Louisiana

Court of Appeals for the Fifth Circuit · Dec 8, 2017

Co., LLC, 701 F.3d 1224, 1228 (8th Cir. 2012), but not clearly so in ours. … “That defense provides immunity to contractors for conduct that complies with the specifications of a federal contract.” Crutchfield v.

ITT Community Development Corp. v. Barton

569 F.2d 1351 · Court of Appeals for the Fifth Circuit · Mar 24, 1978

A federal court has the power under the All Writs Act to issue injunctive orders in a case even before the court’s jurisdiction has been established. … of ITT’s initial complaint against the Bartons (the writs of garnishment against the appellants were issued on the basis of the initial complaint, not the amended complaint, see notes 13 & 14 supra), only one conceivably qualifies

United States v. Javier Robles-Pantoja

887 F.2d 1250 · Court of Appeals for the Fifth Circuit · Oct 26, 1989

The punishment for that crime is established in 21 U.S.C. § 841 (b). … Section 1004(b) clearly does not have such a broad effect.

Huggs, Inc., Cross-Appellants v. Lpc Energy, Inc., Cross-Appellee. G.E. Huggs, D/B/A Exordium Oil & Gas Company, Cross-Appellant v. Lpc Energy, Inc., Cross-Appellee. Huggs, Inc., Cross-Appellant v. Lpc Energy, Inc., Cross-Appellee

889 F.2d 649 · Court of Appeals for the Fifth Circuit · Dec 8, 1989

"Mistake" and "oversight" are not qualified in the contract. The contract as written is not ambiguous; thus this court has no authority to reach beyond the four corners of the document. La.Civ. art. 2046. … The expert calculated the size of the reservoir by use of electric logs and core tests and used the unit areas established by the Office of Conservation.

Lopez Orellana v. Garland

117 F.4th 679 · Court of Appeals for the Fifth Circuit · Sep 18, 2024

To determine whether a state conviction qualifies as an aggravated felony under 8 U.S.C. § 1101(a)(43), courts use the categorical approach. Moncrieffe v. Holder, 569 U.S. 184, 190 (2013). … “It is clearly established that the Fifth Amendment of the United States Constitution entitles aliens to due process of law in deportation proceedings.” Anwar v.

Jimmie DeRamus v. City of Alexandria

675 F. App'x 408 · Court of Appeals for the Fifth Circuit · Jan 9, 2017

Moreover, Detective Blackwood consulted the District Attorney’s Office when releasing the property, which the district court determined entitled her to qualified immunity. … The district court dismissed all claims against Van Dyke on the basis of qualified immunity after finding that the advice he provide to the APD was not “a constitutional violation of plaintiffs’ rights.”

Lawyers Title Insurance v. Doubletree Partners, L.P.

739 F.3d 848 · Court of Appeals for the Fifth Circuit · Jan 14, 2014

In that letter, Lawyers Title stated, In the interest of providing you with a more complete title insurance policy, if a qualifying survey has been required by your lender, we will collect the appropriate … Because the magistrate judge held that the policy did not cover Doubletree’s claim, he concluded that Doubletree had not established such a breach and held that “Lawyers Title clearly had a reasonable basis for [its] denial

Rufus C. Salley and Beulah S. Salley v. Commissioner of Internal Revenue

464 F.2d 479 · Court of Appeals for the Fifth Circuit · Jul 24, 1972

62 , 65 S.Ct. 96, 98 , 89 L.Ed. 68, 73 , providing for a class of deductions “ . coextensive with the business deductions allowed by [Section 162],” but without “ . . . the requirement that the income-producing activity qualify … The annual borrowings of the guaranteed annual returns, as distinguished from the original purchases of the insurance policies in 1957, were clearly without economic substance or business purpose within the intent of Section

United States v. Charles Hooper

621 F. App'x 770 · Court of Appeals for the Fifth Circuit · Jun 29, 2015

To establish ineffective assistance, Hooper must show that his counsel’s conduct was deficient and that it prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687 (1984). … Hooper does not dispute that his actions during 2006-2007 would not qualify for a minor role reduction.

George Gardiner Green and Eleanor T. Green, Plaintiffs-Appellants-Cross v. United States of America, Defendant-Appellee-Cross

460 F.2d 412 · Court of Appeals for the Fifth Circuit · May 17, 1972

stipulated that a sale of corporate property to a shareholder for less than the fair market value of the property sold constitutes a dividend to the shareholder-purchaser, to the extent of the difference, provided there are qualified … Nevertheless, we think Green’s testimony and the other documentary evidence clearly indicate cooperation for mutual advantage.

Grey v. Dallas Independent School District

265 F. App'x 342 · Court of Appeals for the Fifth Circuit · Feb 14, 2008

To establish his prima facie case, Grey must show that he is a “(1) a member of a protected class; (2) qualified for the position held; (3) subject to an adverse employment action; and (4) treated differently from others … Rule 59(e) motions to vacate or amend a judgment “must clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Simon v.