Case law

Don E. LEGGETT, Plaintiff-Appellant, v. Shirley E. CHATER, Commissioner of the Social Security Administration, Defendant-Appellee

67 F.3d 558 · Court of Appeals for the Fifth Circuit · Oct 30, 1995

To determine whether a claimant qualifies as “disabled” under 42 U.S.C.A. § 423 (d)(1)(A) (West Supp.1995), the Commissioner uses a sequential five-part inquiry. 2 *564 The burden of proof lies with the claimant to prove … If the claimant proves his disability under the first four prongs of the test, then the burden switches to the Commissioner, who must establish that the claimant has “residual functional capacity”, given the claimant's age

Airlines for Amer v. Dept of Trans

127 F.4th 563 · Court of Appeals for the Fifth Circuit · Jan 28, 2025

Under the APA, we must “hold unlawful and set aside agency action” that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”; “contrary to constitutional right, power, privilege, or immunity … Circuit, the court held that the SEC violated the APA by relying on extra- record material that “did not merely supplement the rulemaking record” but rather “suppl[ied] the basic assumptions used by the Commission to establish

Upchurch Packing Co. v. United States

151 F.2d 983 · Court of Appeals for the Fifth Circuit · Nov 20, 1945

It insists, however, that since, if the reorganization and merger had not taken place, it might have qualified itself to sue under Sec. 902(b) by repaying plaintiff, the merger with plaintiff, though not constituting a legal … All evidence relied upon in support of such claim shall be clearly set forth under oath.

United States of America and Robert E. Grant, Special Agent, Internal Revenue Service v. A. Burton Hankins, Individually and as of the Estate of Bewel A. Hankins, Robert Lewis Smith, Intervenor-Appellant. United States of America and Robert E. Grant, Special Agent, Internal Revenue Service v. A. Burton Hankins and Hugh C. Montgomery, Jr.

581 F.2d 431 · Court of Appeals for the Fifth Circuit · Oct 3, 1978

This clearly covered the partnership records in existence prior to the death of Mr. … With the fact of non-compliance with the court's previous order clearly and convincingly established, Hankins' failure to testify, presumably resting on his Fifth Amendment right not to testify, means that he has failed to

Ben Martinez v. Maverick County Water Control And Improvement District No. 1

219 F.2d 666 · Court of Appeals for the Fifth Circuit · Feb 18, 1955

This qualifying phrase deals not alone with the number of plaintiffs. It calls for plaintiffs who can insure the adequate representation of all the others. [Emphasis by the authority quoted.] … That portion of the prayer is in reality a request that the court establish procedure for executing the declaratory judgment which it is asked to render.

Kenneth David Skelton v. John P. Whitley, Warden, Louisiana State Penitentiary

950 F.2d 1037 · Court of Appeals for the Fifth Circuit · Jan 6, 1992

Such a passage, the court said, was “clearly wrong” in light of La.Code Crim.P. art. 804(A)(2), which states that a reasonable doubt may arise from the lack of evidence in the case. Id. … instructions suggests strongly that he did not find them disadvantageous, and the prosecutor’s closing argument repeatedly reminded the jury of their duty to find guilt beyond a reasonable doubt, but he never alluded to the qualifying

Justin Lee May v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

955 F.2d 299 · Court of Appeals for the Fifth Circuit · Feb 26, 1992

Given the state court’s factual findings, May cannot establish that any of his constitutional rights were violated. … Given these findings, May has not established the violation of any of his constitutional rights.

Triad Electric & Controls, Inc. v. Power Systems Engineering, Inc.

117 F.3d 180 · Court of Appeals for the Fifth Circuit · Aug 1, 1997

According to Century, this ¶ 11 clearly expresses the parties’ intent that Triad could not limit its scope of work, in this regard, to installing the quantity of cable specified in the contract cable schedules, and establishes … acceleration agreement for anticipated inefficiencies, by misrepresenting that the 83,000 man-hours base was sufficient to perform Triad’s contractual scope of work, when in fact it was adequate only for a “qualified

Aubrey v. School Board of Lafayette Parish

148 F.3d 559 · Court of Appeals for the Fifth Circuit · Aug 10, 1998

The Court clearly indicated that Skinner and Von Raab must be read in their unique contexts. … The Court clearly indicated that Skinner and Von Raab must be read in their unique contexts.

Williams v. City of New Orleans

Court of Appeals for the Fifth Circuit · Dec 10, 1996

While it is within my power to do so, the principles of federalism and comity as well as common sense dictate that I should not attempt the task of selecting the individuals best qualified for promotion … The district court's well-reasoned order clearly states the court's reasons for not specifying a remedy on April 4. The court struck a balance.

Cruz Garcia v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit · Aug 8, 2014

With regard to CAT relief, the IJ noted that in order to qualify for CAT protection, the harm must be inflicted by, or with the acquiescence of, a government official. … However, government acquiescence in the form of low-level officials acting under color of law could be found even if the extortionists were not clearly police officers.

Grilletta v. Lexington Ins Co

Court of Appeals for the Fifth Circuit · Feb 9, 2009

Given that the trial consisted of a battle of qualified experts who all presented plausible theories, the district court was free to choose among these reasonable explanations in rendering its decision. … Lexington challenges this finding on appeal, but it fails to demonstrate how the court clearly erred.

United States v. Pope

Court of Appeals for the Fifth Circuit · Jul 7, 2006

The parties agree that if we reverse the district court and hold that the initial stage of the search does not qualify under the good faith exception to the exclusionary rule, Pope must be acquitted. … Accordingly, the district court clearly erred when it implicitly found that Baird did not deliberately or recklessly mislead the magistrate.

Mattie Williams, Cross-Appellant v. Public Finance Corporation, Cross-Appellee. Ruth A. Jackson, Cross-Appellant v. Uslife Credit Corporation, Cross-Appellee. Linda L. Smith v. Public Finance Corporation, Leonard and Cora Singletary v. Public Finance Corporation

598 F.2d 349 · Court of Appeals for the Fifth Circuit · Jul 5, 1979

Hanley clearly stated that, for reasons of public policy, money paid pursuant to such a contract cannot be recovered. … The ILA establishes for these loans permissible interest rates that are much higher than the rates under Georgia's general usury statute, Ga.Code Ann. § 57-101 (1977).

United States v. Dixon

273 F.3d 636 · Court of Appeals for the Fifth Circuit · Nov 15, 2001

. §924(c)(1) established that it concluded that defendant used a short-barreled shotgun during and in relation to the kidnapping. … Clearly, the only potential "double counting" prohibited by either the original or the amended Commentary is enhancement of the offense level for the offense which underlies the gun count.

Ruth Culver, Cross-Appellees v. Slater Boat Co., Cross-Appellants, Europirates International, Inc., and Cross-Appellees-Appellants v. Odeco Drilling, Cross-Appellants. Willie Mae Byrd, as Administratrix of the Estate of Lawrence Byrd, Deceased, Cross-Appellee v. Heinrich Schmidt Reederei, Cross-Appellant

722 F.2d 114 · Court of Appeals for the Fifth Circuit · Dec 22, 1983

Id. 37 Pfeifer, on the heels of Culver I, clearly follows this flexible approach. … Subsequently, he became qualified to sit by virtue of the 1982 amendment to 28 U.S.C. Sec. 46 (a).

Southland Mower Company v. Consumer Product Safety Commission, John O. Hayward v. Consumer Product Safety Commission

619 F.2d 499 · Court of Appeals for the Fifth Circuit · Jun 19, 1980

The blade-stop provisions therefore qualify as performance requirements. … The record clearly establishes that an unreasonable risk of blade-contact injury exists.

United States v. Charles Jackson and Anthony Wayne Browning, United States of America v. Michael Ryan

807 F.2d 1185 · Court of Appeals for the Fifth Circuit · Feb 10, 1987

Louis airport after a nonstop flight from Mexico would clearly be the functional equivalent of a border search. … The need for effective police measures has been amply demonstrated, and, as my colleagues have pointed out, “some method of curtailing illegal entry [must be] established.”

United States v. Fields

483 F.3d 313 · Court of Appeals for the Fifth Circuit · Apr 2, 2007

Additionally, only a few showed clearly the gunshot wounds in the victim’s skull. … Accordingly, the district court did not clearly abuse its discretion in admitting the thirty-two photos of the victim’s body. 5.

Patterson v. Mobil Oil Corp.

335 F.3d 476 · Court of Appeals for the Fifth Circuit · Jul 8, 2003

They argue that this precludes summary judgment on the issue of whether Mobil qualified as a workers’ compensation subscriber. … We review a district court’s discovery decisions for abuse of discretion and affirm such decisions unless they are clearly unreasonable or arbitrary. Moore v. Willis Indep. Sch. Dist., 233 F.3d 871, 876 (5th Cir. 2000).