Case law

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.

United States v. Bruce Carneil Webster, A/K/A B-Love

162 F.3d 308 · Court of Appeals for the Fifth Circuit · Jan 29, 1999

After the court qualified Gomez as a juror, the prosecutor notified the court that it had uncovered a criminal record for him. … Having reviewed the record, we cannot say the court clearly erred. b.

United States v. Mary Cullar Brown

569 F.2d 236 · Court of Appeals for the Fifth Circuit · Mar 8, 1978

My concurrence in our majority opinion is not qualified. I concur. We have, though, the very thoughtful and earnest dissent prepared by Judge Simpson, joined by Judges Goldberg, God-bold, and Morgan. … Clearly, Mrs. Brown needed — and was constitutionally entitled to — the assistance of counsel. The only question decided by this Court en banc is whether she waived her right to counsel. 1 II.

Baker v. City of McKinney

84 F.4th 378 · Court of Appeals for the Fifth Circuit · Oct 11, 2023

Accordingly, the Court need not determine whether Baker established an official policy under Monell.” (footnote omitted). … The Iowa Supreme Court explained, In Dillon on Municipal Corporations, Sec. 756, the learned author states the common law doctrine as clearly and succinctly as it is any where to be found.

Strong v. Univ Hlthcare Sys

Court of Appeals for the Fifth Circuit · Mar 26, 2007

In addition, the doctor resigned voluntarily, something Strong very clearly was not willing to do. UHS might very well have fired the doctor had he not resigned. … But we need not address whether these brief discussions qualify as adverse employment actions.

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.

United States v. Asibor

109 F.3d 1023 · Court of Appeals for the Fifth Circuit · Mar 27, 1997

Admission of Evidence Establishing Other Offenses Ladejobi argues that pursuant to Fed. R. … The INS sole consideration upon receipt of the form is whether a qualifying relationship exists between the petitioner and the proposed beneficiary (alien).

Foster v. Johnson

Court of Appeals for the Fifth Circuit · Jul 11, 2002

According to the Court, a state court decision is “contrary to . . . clearly established Federal law, as determined by the Supreme Court” if: (1) “the state court applies a rule that contradicts the governing law set … Washington, 466 U.S. 668 (1984), “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States’” for the purpose of federal habeas review under § 2254(d).

Cruz v. Skelton

543 F.2d 86 · Court of Appeals for the Fifth Circuit · Nov 22, 1976

Thus, while parole revocation and prison discipline are clearly within the ambit of the Due Process Clause of the Fifth and Fourteenth Amendments, the mere expectation of parole release while still in otherwise lawful custody … That opinion vacated and remanded for further proceedings the district court’s dismissal without a hearing of a § 1983 complaint asking for a declaratory judgment that established Georgia parole procedures lacked due process

Bartley v. Euclid, Inc.

180 F.3d 175 · Court of Appeals for the Fifth Circuit · Jul 13, 1999

Samaratunga, were qualified to give their opinion on the readings of the MRIs and of the injuries suffered by Luker and Rucker. … Like Robinson, the plaintiffs’ case absolutely relies on expert testimony to establish both wrong and injury.

United States v. City of Miami

664 F.2d 435 · Court of Appeals for the Fifth Circuit · Dec 3, 1981

The City’s temporary use of a woman’s or minority’s qualifications and seniority in the police department as a basis for a promotional preference only when these minorities are as qualified as their white male counterparts … Accordingly the decree should be construed as written, not as it might have been written if the plaintiff had had an opportunity to establish all possible factual and legal claims. See United States v.

Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.

571 F.2d 290 · Court of Appeals for the Fifth Circuit · Apr 10, 1978

The evidence presented on this point and the court’s recitation of defendants’ “claims” that Northside had an alternative supply of cement clearly related only to the questions of proximate cause and damages. … We agree that under the exception, [t]he testimony of the custodian or other qualified witness who can explain the record-keeping of the organization is essential.

United States v. Artemio Pesina-Arano

650 F. App'x 185 · Court of Appeals for the Fifth Circuit · May 24, 2016

Page: 4 Date Filed: 05/24/2016 No. 15-40810 2002 Kansas state sentence for attempted aggravated burglary, when aggregated with his 2007 Kansas state probation revocation sentence, qualified … The district court thus did not clearly err in determining Pesina’s criminal history score. See United States v. Vital, 68 F.3d 114, 120 (5th Cir. 1995).

56 Fair empl.prac.cas. 1105, 57 Empl. Prac. Dec. P 41,008, 6 indiv.empl.rts.cas. 1344 Richard E. Wilson v. Monarch Paper Company, the Unisource Corporation, and Alco Standard Corporation

939 F.2d 1138 · Court of Appeals for the Fifth Circuit · Aug 16, 1991

There were clearly two sides to this case. … The evidence establishes conclusively that Monarch was attempting to force Wilson to resign by reassigning him to the warehouse.

In re: Greg Abbott

956 F.3d 696 · Court of Appeals for the Fifth Circuit · Apr 20, 2020

Relatedly, the record does not establish what PPE abortion providers presently use to protect against the spread of the virus. … In an attempt to overcome the fact that the record was clearly substantially more developed when the district court entered its second TRO, the majority argues that the Respondents cited to the supplemental declarations in