Case law

P. F. C. Daniel E. Pitcher v. Melvin Laird, as Secretary of Defenses.

421 F.2d 1272 · Court of Appeals for the Fifth Circuit · Jan 30, 1970

the test of belief ‘in a relation to a Supreme Being’ is whether a given belief that is sincere and meaningful occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God of one who clearly … qualifies for the exemption.

Carson Products Company v. Califano

594 F.2d 453 · Court of Appeals for the Fifth Circuit · May 4, 1979

The FDA concluded that "(a)fter reconsidering all data and information submitted," ingredient 05 did not qualify as a trade secret. … We are as fully competent to decide that question as would have been the district court, and the district court's decision, had it been made, would not have been entitled to the deference of the clearly erroneous standard

United States v. Allied Home Mortgage Corp.

933 F.3d 468 · Court of Appeals for the Fifth Circuit · Aug 8, 2019

No. 17-20720 FACTUAL AND PROCEDURAL BACKGROUND The Federal Housing Agency (“FHA”) mortgage insurance program insures participating lenders against any losses on qualifying … Causation The defendants also challenge the sufficiency of the evidence to establish causation.

Nobby Lobby, Inc. v. City of Dallas

970 F.2d 82 · Court of Appeals for the Fifth Circuit · Sep 1, 1992

We review the district court's finding of bad faith and harassment under the clearly erroneous standard. … Id. at 1294 . 17 In reaching this conclusion, we highlighted three factors that established bad faith on the part of the defendants.

Charles T. Henderson, Jr., George Truitt Robbins and John B. Dees v. United States

237 F.2d 169 · Court of Appeals for the Fifth Circuit · Oct 23, 1956

It further appears that, though Wood had resigned as a police officer of the City of Ocala, he had retained his card as deputy sheriff and was qualified and acting as such, and made use of that office in persuading Henderson … circumstances of the case, are no more than dicta, entitled to weight only in so far as the reasons therefor may justify the language used; and, apparently, in none of the cases has the court had the distinction here presented so clearly

United States v. Ismoila

Court of Appeals for the Fifth Circuit · Nov 15, 1996

A finding is not clearly erroneous if it is plausible in light of the entire record. Valencia, 44 F.3d at 272. … Based on this definition of transaction, “Charlie,” “Wale,” and “Stone” qualify as transactional participants under § 3B1.1.

Olsen v. Shell Oil Co.

561 F.2d 1178 · Court of Appeals for the Fifth Circuit · Oct 26, 1977

Movible, who was originally a party to the action, had earlier been granted a summary judgment on the basis that the Longshoremen and Harbor Workers Compensation Act made it immune from suit as the employer of the dead and … If the third holding relates to the first holding, Vinton clearly does not apply the independent contractor rule, and the intrinsically dangerous exception thereto, to Article 2322. .

United States v. Perkins

99 F.4th 804 · Court of Appeals for the Fifth Circuit · Apr 25, 2024

Q: —does that suggest sort of inspiration or does that suggest a more tan- gible object in the room that might be qualified as a delusion? … It contains three, and the district court sided with the majority. 13 Moreover, Bruce is but one example that warrants reversal—it does not establish what minimum threshold warrants reversal.

Sierra Club v. James M. Sigler, Etc., Pelican Terminal Company and Galveston Wharves, Intervenors-Appellees

695 F.2d 957 · Court of Appeals for the Fifth Circuit · Apr 8, 1983

With the standards of review established, we turn to the issues on appeal. B. … Whether that holding is clearly erroneous we need not evaluate since it is apparent to us that this case qualifies under section 1502.22(b)(2), “important” unknown information “beyond the state of the art.”

Foradori v. Harris

523 F.3d 477 · Court of Appeals for the Fifth Circuit · Apr 1, 2008

United States, 279 F.3d at 321, clearly does not hold otherwise. … Our cases do not establish such a hard and fast rule, however.

Chad Brackeen v. David Bernhardt

Court of Appeals for the Fifth Circuit · Aug 16, 2019

Moreover, ICWA clearly regulates private individuals. See Murphy, 138 S. Ct. at 1479–80. … deference from an agency’s interpretation of a statute only when Congress has directly spoken to the precise question at issue, and the expressio canon is simply too thin a reed to support the conclusion that Congress has clearly

United States v. Chaparro-Almeida

679 F.2d 423 · Court of Appeals for the Fifth Circuit · Jun 28, 1982

personnel and facilities to assist any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia, to perform any activity for which such personnel and facilities are especially qualified … We found in Baker , that “the location of the vessel clearly indicated an intent to distribute marijuana within United States boundaries.” Id. at 138 . 14 See also United States v.

Commissioner of Internal Revenue, Petitioner-Respondent v. The Estate of H. W. Donnell, Deceased, Willie Hayden Donnell, and Willie Hayden Donnell, Respondents-Petitioners. The Estate of H. W. Donnell, Deceased, Willie Hayden Donnell, and Willie Hayden Donnell, Respondents-Petitioners v. Commissioner of Internal Revenue, Petitioner-Respondent

417 F.2d 106 · Court of Appeals for the Fifth Circuit · Oct 10, 1969

In Harrington we said: 7 'To qualify for the depletion allowance, a taxpayer must have 'acquired, by investment, any interest in the oil in place,' and secured, 'by any form of legal relationship, income derived from the … Further, the regulations clearly indicate that this second option is available only to those operators who could have elected to expense the intangible costs initially.

Voinche v. U.S. Dept. of Air Force

Court of Appeals for the Fifth Circuit · Feb 12, 1993

In order to qualify for a fee waiver, a claimant must show that disclosure of the information is in the public interest, and that disclosure is not primarily for the claimant's own commercial interest. … Although these sections do not expressly require that a claimant exhaust his administrative remedies prior to requesting judicial relief, they clearly do imply that exhaustion is required.

United States v. Finley

477 F.3d 250 · Court of Appeals for the Fifth Circuit · Jan 26, 2007

Special Agent Cook, who was qualified as an expert in narcotics trafficking and in the investigation of narcotics, -4- confronted Finley with some of the text messages, Finley averred … The district court did not clearly err in finding that Finley had a right to exclude others from using the phone.

United States v. Lister

Court of Appeals for the Fifth Circuit · Apr 28, 1995

From this language, it is clear that Luna established a temporal requirement for the obstruction of justice enhancement, but the opinion did not address whether a defendant's awareness of the investigation … One of the considerations in determining whether a defendant qualifies for an acceptance of responsibility deduction is "the timeliness of the defendant's conduct in manifesting the acceptance of responsibility."

Delacueva v. TABC

Court of Appeals for the Fifth Circuit · May 27, 1999

, the agents, as TABC officers, were authorized to, and were, seeking to inspect the establishment’s beverage receipts, and Delacuerva, an employee of the establishment, interfered with that function by locking … Consequently, the agents are entitled to qualified immunity, and the district court erred in refusing to grant their summary judgment motion in connection with the false arrest claim.

Paul Kadair, Inc., D/B/A Paul Kadair's Home & Commercial Audio, Plaintiff v. Sony Corporation of America

694 F.2d 1017 · Court of Appeals for the Fifth Circuit · Jan 3, 1983

Instead, the rule is designed to enable a party to seek particular facts relevant to an already-established factual pattern of alleged antitrust activity. … Appellant had been given more than adequate overall opportunity to establish a case adequate to block summary judgment and had finally come up with only a fishing expedition.

United States v. David Ivan Goodman, A/K/A Charles Riccardi and David Lash, and Paul Alexanderwest

605 F.2d 870 · Court of Appeals for the Fifth Circuit · Nov 1, 1979

The conspiracy evidentiary rule, which is now included in Rule 801 of the Federal Rules of Evidence, was originally established by court decisions as an exception to the hearsay rule. … He was granted immunity in exchange for the testimony which he gave. During the course of the methaqualone operation, he was employed by the Houston Police Department.

Irma Dreiling, Widow of Leo McLelland v. General Electric Company

511 F.2d 768 · Court of Appeals for the Fifth Circuit · Apr 18, 1975

Truitt, 5 Cir. 1960, 280 F.2d 784, 789 ; and (iii) whether the “ultimate questions of fact” were clearly submitted to the jury, Id. … To qualify for reimbursement, return the removed generator with the registration form for the replacement generator to: W. H.