Case law

Schaffer v. Louisiana State Board of Dentistry

515 F.3d 424 · Court of Appeals for the Fifth Circuit · Jan 24, 2008

Welfare v. Davenport, 495 U.S. 552, 565 , 110 S.Ct. 2126 , 109 L.Ed.2d 588 (1990) (Blackmun, J., dissenting) (“When analyzing a bankruptcy statute, the Court, of course, looks to its plain language.”); Kelly v. … Id. at 404 . . 260 F.3d at 404 (quoting Williams v. U.S. Fid. & Guar.

National Labor Relations Board v. Chambers Manufacturing Corporation

278 F.2d 715 · Court of Appeals for the Fifth Circuit · May 31, 1960

It is our considered conclu *716 sion that the evidence is ample to sustain the Board’s findings. … The order of the Board will be Enforced.

Wilma Dean Whitmore, a Minor, by Her Sister and Next Friend, Katie Coulter v. H. W. Stilwell, as President of the Texarkana Junior College

227 F.2d 187 · Court of Appeals for the Fifth Circuit · Nov 23, 1955

of Trustees were before the court and a decree failing to bind the entire Board would be “wholly ineffective”; (2) since after this suit was brought, the Supreme Court decided Brown v. … Board of Education, that argument, if it ever had any validity, was rendered irrelevant by the final order in that case. Brown v. Board of Education, 349 U.S. 294 , 75 S.Ct. 753 .

Niter v. Brown

Court of Appeals for the Fifth Circuit · Nov 14, 2025

See Ratliff v. Aransas Cnty., 948 F.3d 281, 285 (5th Cir. 2020) (“[W]e note that the ordinary Twombly pleading standard applies. … Because Plaintiffs have not alleged that Brown acted with deliberate indifference to Williams’s constitutional rights, dismissal of their § 1983 claim against Brown was proper.

National Labor Relations Board v. Sewell Mfg. Co.

172 F.2d 459 · Court of Appeals for the Fifth Circuit · Feb 11, 1949

B. v. McGough Bakeries Corp., 5 Cir., 153 F.2d 420, 421 . … Compare Federal Trade Commission v. Goodyear Tire & Rubber Co., 304 U.S. 257, 260 , 58 S.Ct. 863, 864 . 82 L.Ed. 1326 , [1328].” See also N. L. R. B. v. Ford Motor Co., 5 Cir., 119 F.2d 326 .

Mrs. Ida A. Ladish v. Railroad Retirement Board

339 F.2d 590 · Court of Appeals for the Fifth Circuit · Jan 19, 1965

Our duty is to affirm if the decision of the Board is supported by substantial evidence in the record, and was not based on an error of law. Smith v. Railroad Retirement Board, 5 Cir., 1959, 267 F.2d 369 ; Freeman v. … Railroad Retirement Board, 5 Cir., 1951, 192 F.2d 51 , cert, den., 343 U.S. 909 , 72 S.Ct. 640 , 96 L.Ed. 1326 ; and Squires v. Railroad Retirement Board, 5 Cir., 1947, 161 F.2d 182 . We find this to be the case.

Board of Public Instruction v. Lexington Co.

90 F.2d 83 · Court of Appeals for the Fifth Circuit · Jul 22, 1937

Furthermore, we entertain no doubt that the warrants were validly issued and were enforceable obligations of the Board. State v. … Board of Public Instruction for Dade County (Fla.) 170 So. 602 ; State Bank of Bowling Green v. Board of Public Instruction, 116 Fla. 184 , 156 So. 319 ; Board of Public Instruction v.

National Labor Relations Board v. Akin Products Co.

209 F.2d 109 · Court of Appeals for the Fifth Circuit · Dec 22, 1953

So reviewing the findings and recommendations of examiner and board, we are of the opinion that the findings and recommendations of the board meet the test as to all the employees where examiner and board differ, and must … Universal Camera Co. v. N.L.R.B., 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 .

Flex Frac Logistics, L.L.C. v. National Labor Relations Board

746 F.3d 205 · Court of Appeals for the Fifth Circuit · Mar 24, 2014

Truck Line, Inc. v. … Horton, Inc. v.

National Labor Relations Board v. Con-Pac, Inc.

509 F.2d 270 · Court of Appeals for the Fifth Circuit · Apr 21, 1975

National Labor Relations Board v. A. J. Tower Co., 329 U.S. 324, 330 , 67 S.Ct. 324, 330 , 91 L.Ed. 322 (1946); Neuhoff Bros. Packers, Inc. v. N.L.R.B., 5 Cir., 1966, 362 F.2d 611, 614 ; see generally N.L.R.B. v. … National Labor Relations Board v. Mattison Machine Works, 365 U.S. 123, 123-124 ,. 81 S.Ct. 434, 435 , 5 L.Ed.2d 455 .(1961); Bush Hog, Inc. v. N.L.R.B., 5 Cir., 1969, 420 F.2d 1266 .

National Labor Relations Board v. Mooney Aircraft, Inc.

375 F.2d 402 · Court of Appeals for the Fifth Circuit · May 5, 1967

Mays had been discrim-inatorily discharged in August 1962 by Mooney Aircraft, Inc., 142 NLRB 942 , this Court earlier entered judgment enforcing the Board’s order for reinstatement with backpay. NLRB v. … See Mooney Aircraft, Inc., 138 NLRB 1331 , enforced, NLRB v. Mooney Aircraft, Inc., 5 Cir., 1964, 328 F.2d 426 ; Mooney Aircraft, Inc., 132 NLRB 1194 , enforced, NLRB v.

National Labor Relations Board v. Mira-Pak, Inc.

354 F.2d 525 · Court of Appeals for the Fifth Circuit · Feb 7, 1966

From our recent opinion in NLRB v. … been before it de novo.’ ” NLRB v.

Chevron USA, Inc. v. Vermilion Parish School Board

364 F.3d 607 · Court of Appeals for the Fifth Circuit · Mar 24, 2004

Wagner & Brown, 637 So.2d 1199 (La.App. 1 Cir.1994), was cor *611 rect in its interpretation of Article 137, and distinguished another case from the Louisiana First Circuit, Lewis v. … In Stoute v.

Smith v. East Baton Rouge Parish School Board

453 F.3d 650 · Court of Appeals for the Fifth Circuit · Jun 23, 2006

Fletcher v. … Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 766 (5th Cir. 2001).

National Labor Relations Board v. Florida Steel Corporation

586 F.2d 436 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

In Clothing Workers, Midwest Regional Joint Board v. N. L. R. … B. v. Brown, 380 U.S. 278, 291 , 85 S. Ct. 980 , 13 L.Ed.2d 839 (1964).” Furthermore, as stated in N. L. R. B. v.

Shell Oil Co. v. National Labor Relations Board

128 F.2d 206 · Court of Appeals for the Fifth Circuit · May 27, 1942

B. v. Brown Paper Mill Co., 5 Cir., 108 F.2d 867 ; N. L. R. B. v. Lane Cotton Mills, 5 Cir., 111 F.2d 814 ; N. L. R. B. v. West Texas Utilities Co., 5 Cir., 119 F.2d 683 . International Ass’n of Machinists v. N. L. R. … B. v. Bradford Dyeing Ass’n, 310 U.S. 318 , 60 S.Ct. 918 , 84 L.Ed. 1226 ; New York Handkerchief Mfg. Co. v. N. L. R. B., 7 Cir., 114 F.2d 144 ; N. L. R. B. v. Air Associates, Inc., 2 Cir., 121 F.2d 586 .

O'Dwyer v. Board of Commissioners

309 F. App'x 836 · Court of Appeals for the Fifth Circuit · Feb 6, 2009

(“O’Dwyer”) appeal the district court’s grant of Rule 12(c) judgment on the pleadings in favor of Defendant-Appel- • lee Board of Commissioners of the Port of New Orleans (“the Port”). … Elvis Presley Enters., Inc. v. Capece, 141 F.3d 188 , 206 (5th Cir.1998) (citing Valley Ranch Dev. Co. v. FDIC, 960 F.2d 550, 554 (5th Cir.1992); Flannery v.

National Labor Relations Board v. Biscayne Television Corporation

289 F.2d 338 · Court of Appeals for the Fifth Circuit · Apr 21, 1961

But to effectuate this the Board does it in a roundabout way. If first imposed the order requiring reinstatement with an award of back pay. … B. v. American Steel Building Co., 5 Cir., 1960, 278 F.2d 480 . It is obvious from the Board’s decision and what we have briefly stated that further proceedings before the Board are essential.

W. C. Nabors, D/B/A W. C. Nabors Company v. National Labor Relations Board

323 F.2d 686 · Court of Appeals for the Fifth Circuit · Oct 3, 1963

B. v. … We will not challenge the Board’s determination as to the credibility of Brown’s testimony that he did make the trip to Lufkin.

National Labor Relations Board v. Fuchs Baking Co.

207 F.2d 737 · Court of Appeals for the Fifth Circuit · Nov 4, 1953

B. v. Arthur Winer, Inc., 7 Cir., 194 F.2d 370, 372 ; N. L. R. B. v. Stratford Furniture Corp., 5 Cir., 202 F.2d 884, 886-887 . … Universal Camera Corp. v. N. L. R. B., 340 U.S. 474, 487 , 71 S.Ct. 456 , 95 L.Ed. 456 ; Rubin Bros. Footwear, Inc., v. N. L. R. B., 5 Cir., 203 F.2d 486 . Enforcement of the Board’s order is therefore Denied. 1 .