Case law

Carlos Garcia-Membreno v. Jefferson Sessions, III

688 F. App'x 296 · Court of Appeals for the Fifth Circuit · May 2, 2017

“[T]he word ‘receive’ clearly shows that the focus of the rescission inquiry . . . is on the actual receipt of the required notice and not whether the notice was properly mailed.” … Garcia-Membreno presents no argument that OPPM 97-2 qualifies as a legally binding publication, and he has thus waived any such argument. See Chambers v.

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).

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.

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

United States v. Gibson

Court of Appeals for the Fifth Circuit · Jun 5, 1995

McKeever, 906 F.2d 129, 132 (5th Cir. 1990), cert. denied, 498 U.S. 1070 (1991) ("Distinctive odors, detected by those qualified to know them, may alone establish probable cause.") … Next, is that fact determination clearly 1 The identity (or even the number) of speakers on the tape are not identified in the record: Were they gone?

United States v. Valencia

600 F.3d 389 · Court of Appeals for the Fifth Circuit · Mar 10, 2010

The court reasoned that such analysis was “clearly what he did during the day at work. And the fact that he’s had to reconstruct it later is immaterial to the ruling.” … Rather, Labhart was the most qualified person to perform the true-false, long-short, and penny-up penny-down analyses.

Fredonia Broadcasting Corporation, Inc. v. Rca Corporation

569 F.2d 251 · Court of Appeals for the Fifth Circuit · Apr 7, 1978

Such a holding would clearly be unwarranted and would cast an undue burden on the law clerk. Moreover, it would hinder the courts in securing the best qualified people to serve as law clerks. … A judge must avoid all impropriety and appearance of impropriety- When, as here, a judge is confronted with a situation where the appearance of impropriety is already established, a taint on the judicial system remains as

United States v. Mario Rios-Pintado

612 F. App'x 741 · Court of Appeals for the Fifth Circuit · May 21, 2015

The party seeking to uphold the sentence bears the burden of establishing that an error is harmless. Id. … Rios-Pintado asserts that the district court did not clearly state and the record does not clearly show that the district court would have imposed the same sentence had the error not occurred.

prod.liab.rep.(cch)p 10,796 Mary Ayo, Widow of Murphy Ayo v. Johns-Manville Sales Corporation

771 F.2d 902 · Court of Appeals for the Fifth Circuit · Sep 23, 1985

When an action appears to have prescribed on the face of the petition, the plaintiff bears the burden of establishing *909 facts which would interrupt or suspend prescription. Yarbrough v. … Now, let me qualify that.

Rollins Environmental Services (FS), Inc. v. Parish of St. James

775 F.2d 627 · Court of Appeals for the Fifth Circuit · Nov 1, 1985

Clearly, these claims are plausible enough and present sufficiently substantial federal questions to get Rollins into federal court. 3 *632 III. … James does not maintain that Ordinance 85-1 qualifies for any of the *634 three above-numerated exceptions to the preemption provision.

Douglass v. Nippon Yusen Kabushiki

Court of Appeals for the Fifth Circuit · Aug 17, 2022

The district court’s determinations are not clearly erroneous, nor did it apply the law incorrectly. … It can hardly be said, therefore, that the right of immunity that the majority opinion inserts into the Fifth Amendment is clearly delimited.

Pendergest-Holt v. Certain Underwriters at Lloyd's of London

600 F.3d 562 · Court of Appeals for the Fifth Circuit · Mar 16, 2010

coverage for loss (including defense costs) resulting from any claim “arising directly or indirectly as a result of or in connection with any act or acts (or alleged act or acts) of Money Laundering,” but then provides for qualified … Fla. 1991), aff’d 963 F.2d 985 (11th Cir. 1992) (“[T]he exclusion does not apply at this time because there has been no final adjudication establishing that the Insureds engaged in fraud, dishonesty or criminal acts.”).

Knight v. Kellogg Brown & Root Inc.

333 F. App'x 1 · Court of Appeals for the Fifth Circuit · May 27, 2009

They then asserted that KBR clearly had a duty to maintain the area as evidenced by numerous documents that the plaintiffs appended to their memorandum. … Unless the district court clearly abused its discretion in determining that plaintiffs’ motion neither established a manifest error of law or fact nor presented newly discovered evidence, the district court’s ruling should

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).

United States v. Doyle Marshall Willey, Sr.

57 F.3d 1374 · Court of Appeals for the Fifth Circuit · Aug 8, 1995

Viewed in the light most favorable to the verdict, the circumstantial evidence is also sufficient to establish that Willey directed or authorized Hornaday to make the fraudulent statement. … In other words, Willey argues that Stone was no more qualified than the jury to conclude that the transaction was concealing, and her testimony therefore did no more than tell the jury what conclusion to reach.

Franks Investment Co. LLC v. Union Pacific Railroad

593 F.3d 404 · Court of Appeals for the Fifth Circuit · Jan 6, 2010

Some of those remedies are set out in Section 10701, which establishes standards for rates. Other provisions of the ICCTA deal with general requirements for rail operations. … In questioning the Union Pacific’s employees, Franks established that there had never been derailments in the area.

Parker v. Louisiana Department of Education Special School District

323 F. App'x 321 · Court of Appeals for the Fifth Circuit · Apr 23, 2009

To establish a prima facie case of race discrimination, a plaintiff must demonstrate that she: (1) is a member of a protected class; (2) is qualified for the position from which she was discharged; (3) suffered an adverse … Parker’s claims in the present case are clearly encompassed by Parker’s EEOC charge of discrimination. The DOE’s arguments to the contrary border on frivolous.

Parker v. Louisiana Department of Education Special School District

323 F. App'x 321 · Court of Appeals for the Fifth Circuit · Apr 23, 2009

To establish a prima facie case of race discrimination, a plaintiff must demonstrate that she: (1) is a member of a protected class; (2) is qualified for the position from which she was discharged; (3) suffered an adverse … Parker’s claims in the present case are clearly encompassed by Parker’s EEOC charge of discrimination. The DOE’s arguments to the contrary border on frivolous.

Shell Oil Company v. Federal Energy Regulatory Commission, No. 76-3066

566 F.2d 536 · Court of Appeals for the Fifth Circuit · Jan 20, 1978

, 650 , 9 L.Ed.2d 601 (1963) (" 'production' and 'gathering' are terms narrowly confined to the physical acts of drawing the gas from the earth and preparing it for the first stages of distribution.") 24 Order No. 539-B clearly … (a) certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation, sale, service, construction, extension, or acquisition covered by the application, if it is found that

Wynn v. Harris County

Court of Appeals for the Fifth Circuit · Aug 15, 2024

We therefore do not consider whether Lau would have been eligible to assert qualified immunity or entitled to it. We also pretermit Lau’s non- jurisdictional, statute of limitations defense. See Bradley v. … To establish liability for the County, plaintiffs were required to show “(1) an official policy (or custom), of which (2) a policy maker can be charged with actual or constructive knowledge, and (3) a constitutional violation