Case law

Robert Shuler and Jerry Chatman v. Louie L. Wainwright, Direcotor, Division of Corrections, State of Florida

491 F.2d 1213 · Court of Appeals for the Fifth Circuit · Mar 27, 1974

The Court held that the evidence had established the corpus delicti and that the confessions were voluntarily made. 2 These were the only issues decided. … Both the State and the defense had the option of attempting to qualify Miss Wass, but neither had the obligation to do so. The State, as the record reveals, was able to prove its case without her.

Sonia Hernandez v. Sikorsky Support Services, Inc

495 F. App'x 435 · Court of Appeals for the Fifth Circuit · Oct 23, 2012

This claim clearly fails and does not support favoritism to male employees. Some male employees received access passwords that Hernandez did not. … Hernandez complains that she was not notified about an open managerial position but concedes that she was not qualified for the position based on seniority.

Avondale Industries, Inc. v. International Marine Carriers, Inc.

Court of Appeals for the Fifth Circuit · Mar 4, 1994

Questions concerning the existence of negligence and causation are treated as factual issues subject to the clearly erroneous standard. Todd at 405. … Further, testimony established that when the pilot released the AVON II, the tug captain told the first mate to let her go. The first mate did release her, and reported his action to the bridge.

15 Fair empl.prac.cas. 139, 14 Empl. Prac. Dec. P 7655 F. Ray Marshall, Secretary of Labor, United States Department of Labor v. The Goodyear Tire & Rubber Company

554 F.2d 730 · Court of Appeals for the Fifth Circuit · Jun 24, 1977

Since there is no proof that Reed was qualified to do the job, the argument goes, the Secretary failed to make a prima facie case. … We cannot say that the district court's conclusion is clearly erroneous.

Vasquez v. Housing Authority of City of El Paso

271 F.3d 198 · Court of Appeals for the Fifth Circuit · Nov 15, 2001

As the Court clearly has noted: “The mere physical characteristics of the property cannot dictate forum analysis.” 15 The developments operated by HACEP, as we view them, fall within the category of nonpublic fora. III. … We must evaluate the regulations at issue under the standard established by the Court for restrictions on speech in nonpublic fora.

Joe Frederick v. Vernon Pittman

669 F. App'x 241 · Court of Appeals for the Fifth Circuit · Oct 4, 2016

On September 23, 2014, the district court granted summary judgment on the grounds of qualified immunity in favor of Scott, Smock, Kunthara, and Dostal. … “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.” Hesling v. CSX Transp., Inc., 396 F.3d 632, 638 (quoting Kennedy v.

U.S. Brass Corp. v. Travelers Insurance Group, Inc.

301 F.3d 296 · Court of Appeals for the Fifth Circuit · Jul 31, 2002

. § 1334 and qualifies as a core proceeding over which the bankruptcy court had full judicial power. … Standard of Review “This Court, acting as a second review court, reviews the bankruptcy court’s findings of fact under the clearly erroneous standard, and the bankruptcy court’s conclusions of law de novo.” 36 And we review

Finley W. Holbrook and Faith Holbrook v. Commissioner of Internal Revenue

450 F.2d 134 · Court of Appeals for the Fifth Circuit · Dec 20, 1971

Instead, taxpayer had clearly acquired the economic interest by his guaranty and was thus chargeable with all income from the lease. … Landreth might have a guarantor’s obligation to the Midland Bank is not sufficient to establish that he had the economic interest in the production payment. Having purchased the note, Mr.

Javier Ontoniel Bustamante-Barrera v. Alberto R. Gonzales, U.S. Attorney General

447 F.3d 388 · Court of Appeals for the Fifth Circuit · Apr 20, 2006

[W]e think Congress clearly intended that the naturalization of only one parent would result in the automatic naturalization of an alien child only when there has been a formal, judicial alteration of the marital relation … I, § 8, cl. 4 (granting Congress the power ''[t]o establish an uniform Rule of Naturalization”). 48 .

Payne v. CIR

Court of Appeals for the Fifth Circuit · Aug 28, 2000

The club was located within 1000 feet of a competing topless dance establishment, however, so 2618's application for an SOB permit was denied. … The government’s expert’s report qualified its conclusion that if the club were to operate indefinitely its value was $1.14 million; the expert opined that the club’s value was $1.14 million “net of any costs associated

Duncan v. Cockrell

70 F. App'x 741 · Court of Appeals for the Fifth Circuit · Jul 7, 2003

The police ascertained the identity of the caller as Robert Alexander, he was granted immunity, and the police arranged for him to tape phone conversations between he and Duncan who was then living in Seattle. … Assuming arguendo that Duncan’s inadequate hearing argument is not waived, it clearly fails to persuade us that a COA is warranted. Duncan cites to May v. Collins, 955 F.2d 299 (5th Cir. 1992) for support.

Carl Eugene Kelly v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

862 F.2d 1126 · Court of Appeals for the Fifth Circuit · Dec 22, 1988

Even if this evidence of voluntary intoxication is considered mitigating, it could clearly be given full effect by the jury in deciding whether Kelly acted deliberately. … Nor do death-qualified juries violate the fair cross-section requirement. See Lockhart, 106 S.Ct. at 1766 ; see also Wicker v.

Fred Whitaker Company v. E. T. Barwick Industries, Inc.

551 F.2d 622 · Court of Appeals for the Fifth Circuit · Apr 28, 1977

We do not clearly understand how the claim 4 process sets the dye without heat-setting, but such an understanding is unnecessary to our resolution of the obviousness question. 7 . … While this court has often expressed its disapproval of this procedure, it does not eliminate the “clearly erroneous” scope of review. See, e. g., Keystone Plastics, Inc. v.

Bettye M. Twitty v. State Farm Life Insurance Company

502 F.2d 1037 · Court of Appeals for the Fifth Circuit · Oct 11, 1974

These statutory and contractual limitations on the powers of the agent were clearly the substance of Insurer’s case. … Reinstatement is subject to (1) the payment of all overdue premiums with compound interest at the rate of six per cent per annum on such overdue premiums; (2) the payment or re-establishment of any indebtedness existing at

Alcatel Usa, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Dgi Technologies, Inc., Defendant-Counter-Claimant-Appellant-Cross-Appellee

166 F.3d 772 · Court of Appeals for the Fifth Circuit · Jan 29, 1999

In so doing, we stated that “[plaintiffs’] state claims center on the improper copying of the song, an interest clearly protected by the Copyright Act.... … To establish a claim under state law, proof of this final infringing act is necessary. Although not necessary, such proof is sufficient to establish a claim under federal copyright.

Nelson v. Lumpkin

72 F.4th 649 · Court of Appeals for the Fifth Circuit · Jun 30, 2023

It noted that Nelson’s trial counsel were “both highly experienced attorneys who were well-qualified to represent [him] at his capital-murder trial,” and that they “became fully versed in and knowledgeable of the … Second, the state prisoner must show that the state court’s decision “was contrary to, or involved an unreasonable application of,” law clearly established by the Supreme Court, 28 U.S.C. § 2254(d)(1), or that the

United States v. Brumley

59 F.3d 517 · Court of Appeals for the Fifth Circuit · Aug 1, 1997

We read this to mean that “person” and “whoever” include the listed terms without deciding whether other non-mentioned entities may qualify as a “person” or a “whoever.” … For example, the majority says at page 10, “We decide today” that “honest services” must be owed under state law in order to establish a crime under § 1343 as amended by § 1346.

Cooper Stevedoring Of Louisiana, Inc. v. James Washington

556 F.2d 268 · Court of Appeals for the Fifth Circuit · Jul 20, 1977

This is in accord with the established principle, long ago recognized by the Supreme Court, that "statutes of limitation go to matters of remedy, not to destruction of fundamental rights." … Clearly, an employee sustaining an injury, or his dependents in the event of death resulting therefrom, can reasonably be presumed to have knowledge thereof.

Peters v. Lowery

Court of Appeals for the Fifth Circuit · Aug 20, 2003

On June 11, 1996, the defendants filed motions for summary judgment based on qualified immunity. On July 31, 1996, the plaintiffs filed a motion to amend their complaint. … immunity through additional discovery.

Vaught,et al v. Showa Denko K K,etal

Court of Appeals for the Fifth Circuit · Jun 2, 1997

They establish a “point of repose” and operate to “terminate stale claims”. Murray, 800 S.W.2d at 828. … conflicts with the well- established federal practice on class action tolling.