Case law

Sabine Towing Co. v. Brennan

72 F.2d 490 · Court of Appeals for the Fifth Circuit · Jul 17, 1934

Their differences, except in one particular, arise out of their conflicting views of what the evidence established. … A great deal of testimony bearing circumstantially on this point, but not directly establishing it, was taken.

Moreno v. City of Progreso

161 F. App'x 371 · Court of Appeals for the Fifth Circuit · Dec 30, 2005

erred in ruling there was probable cause for his arrest; erred in failing to hold that his Fourteenth Amendment rights were violated; erred in failing to hold that the City of Progresso was liable; erred in granting qualified … immunity to Lieutenant Hernandez and Officer Lopez; erred in concluding that * Pursuant to 5TH CIR.

Fratta v. Quarterman

Court of Appeals for the Fifth Circuit · Jul 22, 2008

established federal law. … First, the CCA’s use of corroborating evidence—such as phone records and physical evidence—to support the confessions’ trustworthiness was contrary to clearly established federal law.

Federal Deposit Insurance v. Loyd

955 F.2d 316 · Court of Appeals for the Fifth Circuit · Feb 26, 1992

Fullam, the Third Circuit held that [e]ven if the district court’s sua sponte action qualifies as a motion under the revised 28 U.S.C. § 1447 (c), the district court could only remand within 30 days of the filing of notice … If FIR-REA were intended to establish a wholly independent method of removal, there would have been no need for Congress to enumerate these specific exceptions to the general removal provisions. FDIC v.

Felix Rocha v. Rick Thaler, Director

Court of Appeals for the Fifth Circuit · Sep 10, 2010

court proceeding.”1 “A state court decision is ‘contrary to . . . clearly established precedent if the state court applies a rule that contradicts the governing law set forth in [the Supreme 1 28 U.S.C. … § 2254(d). 2 Court’s] cases.’”2 “A state-court decision will also be contrary to . . . clearly established precedent if the state court confronts a set of facts that are materially

Li v. Gonzales

429 F.3d 1153 · Court of Appeals for the Fifth Circuit · Aug 9, 2005

Unlike asylum claims, which are granted to qualified aliens at the discretion of the Attorney General, the former § 1253(h) of the immigration statute requires that the Attorney General withhold deportation of an alien … Li argues that it should be beyond peradventure that he was persecuted on account of his religion because he was arrested and abused as a result of clearly religious activities.

United States v. Robert Ricks

Court of Appeals for the Fifth Circuit · May 22, 2019

He says that Mandi’s testimony would have been material and exculpatory and that he could not establish his innocence without it. … Clearly this puts the statements within the control of the government. Rule 16 requires possession, custody, or control. (Emphasis added).

Oldenburg v. Univ of TX at Austin

Court of Appeals for the Fifth Circuit · Jun 21, 2021

Nor does Oldenburg get traction in attempting to show pretext on the ground that she was “clearly better qualified” than Trochio for the position. … Oldenburg’s contention that her professional certification and longer tenure in the field make her “clearly better qualified” is unavailing. Bodenheimer v.

Jarvis Chrstn Clge v. Natl Union Fire Ins

Court of Appeals for the Fifth Circuit · Dec 3, 1999

Co., 876 S.W.2d 132, 133 (Tex. 1994). 8  It is well established under Texas law that ambiguities in insurance contracts are to be strictly construed against the insurer. … Business success clearly qualifies as a personal advantage. Importantly, Cosby was not personally responsible for the loan repayment.

Bogart v. Twin City Fire Insurance

473 F.2d 619 · Court of Appeals for the Fifth Circuit · Jan 24, 1973

By enacting the law the Legislature did not attempt to fix any maximum limit of recovery but merely established a minimum requirement. … “This policy does not apply under Section III [uninsured motorists section] so as to inure directly or indirectly to the benefit of any workmen’s compensation or disability benefits carrier or any person or organization qualifying

United States v. McMillan

600 F.3d 434 · Court of Appeals for the Fifth Circuit · Mar 11, 2010

Ollison.80 “A factual finding is not clearly erroneous as long as it is plausible in light of the record read as a whole.” United States v. … The district court did not clearly err in its determination of the defendants’ gain. See, e.g., United States v.

San Miguel v. McLane

Court of Appeals for the Fifth Circuit · Feb 23, 2024

Lea, 901 F.3d 241, 256 n.13 (5th Cir. 2018) (“We harbor doubt, however, that it has been clearly established that Youngberg applies to persons detained pre-trial for competency restoration . . . . … Rule 59(e) motions “must clearly establish either a manifest error of law or fact or must present newly discovered _____________________ 94 Jones v.

United States v. Mark Steven Phillips and Richard Elliott Grant, Jr., United States of America v. Robert Jay Meinster, A/K/A "Robby", Eugene Arter Myers, A/K/A "Big Gene", Richard Elliott Grant, Jr., Randall Gene Fisher, Modesto Echezarreta-Cruz, Robert Elliot Platshorn, A/K/A "Roger Culpepper"

664 F.2d 971 · Court of Appeals for the Fifth Circuit · Dec 28, 1981

Lamb, however, is clearly factually distinguishable from the present case. … While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other.

Larry Doiron, Incorporated v. Spclt Rntl To

Court of Appeals for the Fifth Circuit · Jan 11, 2018

22 This is clearly an appropriate consideration in any contract case: the language of the contract. … liability under indemnification clauses in the contract. 51 This test also removes from the calculus those prongs of the Davis & Sons test that are irrelevant, such as whether the service work no more than a guideline established

Larry Doiron, Incorporated v. Spclt Rntl To

Court of Appeals for the Fifth Circuit · Jan 8, 2018

22 This is clearly an appropriate consideration in any contract case: the language of the contract. … liability under indemnification clauses in the contract. 51 This test also removes from the calculus those prongs of the Davis & Sons test that are irrelevant, such as whether the service work no more than a guideline established

United States v. Daniel Stanford

883 F.3d 500 · Court of Appeals for the Fifth Circuit · Feb 19, 2018

That method is clearly set forth in the Guidelines. … The Government contends that Stanford is precluded from re-litigating Stanford I’s holding that he failed to establish a colorable Brady claim.

United States v. City of Jackson MS

359 F.3d 727 · Court of Appeals for the Fifth Circuit · Feb 4, 2004

, and (3) the respondent failed to comply with the court’s order.7 As the City concedes that it violated the consent decree and the FHAA, the government clearly has met its burden for establishing contempt … Co-op. 2002) (limiting attorney’s fees awarded under the EAJA to $125 per hour “unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys

Madkins v. Bisignano

Court of Appeals for the Fifth Circuit · Sep 3, 2025

We agree that it so qualifies because it is a statement from a psychologist about Madkins’s mental impairments, what she can still do despite those impairments, and her mental restrictions. 23 However, the instant case is … frequent” as meaning that the activity may occur “from one-third to two-thirds of the time.” 24 So, the ALJ limited Madkins’s social interactions at work to only one-third to two-thirds of the day, which does not clearly

Wages and White Lion Invest v. FDA

Court of Appeals for the Fifth Circuit · Jan 3, 2024

Nor can FDA deny that it changed its position based on the qualified language in its pre-MDO guidance documents. … The FDA had clearly stated that it reviewed the PMTA; that document clearly includes a summary of the marketing.

General Portland Cement Co., Cross-Appellant v. United States of America, Cross-Appellee

628 F.2d 321 · Court of Appeals for the Fifth Circuit · Oct 10, 1980

Processes, including packaging and transportation, which do not qualify as “mining” will be referred to as “nonmining processes.” … If the taxpayer establishes to the satisfaction of the Commissioner that another method of computation, other than the computation, of profits proportionate to costs, clearly reflects the gross income from the property, then