Case law

Brown v. Trinity Industrial

108 F. App'x 898 · Court of Appeals for the Fifth Circuit · Sep 2, 2004

Such a motion to intervene would be untimely, and the dismissal of Brown’s complaint was not an abuse of discretion. Brown’s appeal is without arguable merit, see Howard v. … The dismissal of Brown’s complaint and appeal in this matter each count as a “strike” under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996).

United States v. Brown

111 F. App'x 269 · Court of Appeals for the Fifth Circuit · Oct 7, 2004

See also Louisiana v. … The attorney whose performance is at issue in this petition 2 U.S. v. Brown, No. 00-30356 at 15 (June 7, 2001)(unpublished). 3 Id. at 16. 4 Strickland v.

William L. Bonnell Company, Inc. v. National Labor Relations Board

405 F.2d 593 · Court of Appeals for the Fifth Circuit · Jan 17, 1969

A basis for an inference of coercion must be found if this section of the Board’s order is to be enforced. The company was engaged in resisting the union effort as it had a right to do. NLRB v. … Republic Aviation Corp. v. NLRB, 1945, 324 U.S. 793 , 65 S.Ct. 982 , 89 L.Ed 1372; NLRB v. Avondale Mills, 5 Cir., 1957, 242 F.2d 669 , aff. sub nom. NLRB v.

Commissioner v. West Production Co.

121 F.2d 9 · Court of Appeals for the Fifth Circuit · Jul 7, 1941

Brown v. United States, 3 Cir., 95 F.2d 487 ; Malden Trust Co. v. Commissioner, 1 Cir., 110 F.2d 751 ; Hadley Falls Trust Company v. United States, 1 Cir., 110 F.2d 887 ; Commissioner v. … Brown v. United States, supra.

Wilkerson v. University of North Texas Ex Rel. Board of Regents

878 F.3d 147 · Court of Appeals for the Fifth Circuit · Dec 20, 2017

Brown v. Strain, 663 F.3d 245, 248 (5th Cir. 2011); cf. 28 U.S.C. § 1291. … Dist. v. Brown, 965 S.W.2d 501, 502 (Tex. 1998) (discussing at-will employment). We disagree. Wilkerson’s employment contract gave him a 9-month base salary and a “one-year appointment.”

Brown v. Barnhill

191 F. App'x 281 · Court of Appeals for the Fifth Circuit · Jul 20, 2006

Brown has effectively waived all of these claims by inadequately or untimely briefing them. See Robinson v. Guarantee Trust Life Ins. Co., 389 F.3d 475, 481 n.3 (5th Cir. 2004); Morin v. … Inasmuch as the jury’s verdict was based on the credibility of the trial witnesses, not its consideration of affidavits, Brown’s argument is meritless. See Anderson v.

United States v. Cassetti Brown

567 F. App'x 272 · Court of Appeals for the Fifth Circuit · May 12, 2014

Ohio v. Robinette, 519 U.S. 33, 39 (1996) (quoting Florida v. … United States v.

Robert M. Couf, Mary A. Brown, and Development Finance, Inc. v. Karleen Deblaker

652 F.2d 585 · Court of Appeals for the Fifth Circuit · Aug 7, 1981

Zahn v. Board of Public Works, 274 U.S. 325, 328 , 47 S.Ct. 594, 595 , 71 L.Ed. 1074, 1076 (1927); Stansberry, 613 F.2d at 1289 ; Blackman, 507 F.2d at 936 . … See Bi-Metallic Investment Co. v. State Board of Equalization, 239 U.S. 441, 445 , 36 S.Ct. 141, 142 , 60 L.Ed. 372, 375 (1915), discussed in K. Davis, supra, § 12:2 at 412; cf. City of Eastlake v.

Mid-South Bottling Company v. National Labor Relations Board

876 F.2d 458 · Court of Appeals for the Fifth Circuit · Jun 30, 1989

See, for example, NLRB v. … It is well-settled, however, that the Board fully satisfies that requirement in cases in which it affirms and adopts as its own the rationale of the AU, as the Board did here. NLRB v.

Tasby v. Estes

517 F.2d 92 · Court of Appeals for the Fifth Circuit · Jul 23, 1975

United States v. Board of Public Instruction, 395 F.2d 66 (CA 5, 1968); Brewer v. School Board, 397 F.2d 37 (CA 4, 1968).” 402 U.S. at 21 , 91 S.Ct. at 1278-79 , 28 L.Ed.2d at 569-70 . … Hinds County School Board, 5 Cir. 1970, 433 F.2d 619 .” Tasby v. Estes, 5 Cir. 1971, 444 F.2d 124 .

Brown v. Bolton

Court of Appeals for the Fifth Circuit · May 15, 2001

BROWN, Plaintiff-Appellee, versus FRAZIER BOLTON; ET AL.,

Birdie Mae Davis v. Board of School Commissioners of Mobile County, Alabama

318 F.2d 63 · Court of Appeals for the Fifth Circuit · May 24, 1963

This will not do under Brown v. Board of Education of Topeka, 1954, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 . This decision is binding on Judge Thomas. … The Supreme Court in the second Brown case, 1955, 349 U.S. 294 , 75 S.Ct. 753 , 99 L.Ed. 1083 , and in Cooper v.

Quenton N. Brown v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary

815 F.2d 1054 · Court of Appeals for the Fifth Circuit · May 5, 1987

On the self-incrimination claim Brown relies on Estelle v. Smith, 451 U.S. 454 , 101 S.Ct. 1866 , 68 L.Ed.2d 359 (1981). 1 On the denial of the insanity hearing claim Brown relies on Lo-kos v. … Brown contends that he was unaware of Estelle v. Smith when he filed his prior petition.

National Labor Relations Board v. Charley Toppino and Sons, Inc.

358 F.2d 94 · Court of Appeals for the Fifth Circuit · Mar 24, 1966

Sec. 160 (e); see Universal Camera Corp. v. NLRB, 340 U.S. 474 , 71 S.Ct. 456 , 95 L.Ed. 456 (1951). We are convinced that all of the Board’s findings are so supported. … Brown & Root, Inc., 311 F.2d 447, 452 (8th Cir. 1963).

Vieux Carre Property Owners, Residents & Associates, Inc. v. Colonel Lloyd Kent Brown, Etc.

875 F.2d 453 · Court of Appeals for the Fifth Circuit · Jun 14, 1989

of Commissioners of the Port of New Orleans, and the Board of Commissioners of the Orleans Levee District. … See Dunn v.

United States of America, Dedra Estell Overton, Intervenors-Appellants v. Texas Education Agency (Austin Independent School District)

564 F.2d 162 · Court of Appeals for the Fifth Circuit · Nov 21, 1977

It is an affront to Brown, Green v. New Kent, Alexander v. … Holmes County Board of Education, 1969, 396 U.S. 19 , 90 S.Ct. 29 , 24 L.Ed.2d 19 ; Green v. County School Board, of New Kent County, 1968, 391 U.S. 430 , 88 S.Ct. 1689 , 20 L.Ed.2d 16 ; Brown v.

National Labor Relations Board v. Associated Milk Producers, Inc.

711 F.2d 627 · Court of Appeals for the Fifth Circuit · Aug 8, 1983

The Wright Line formula was recently approved by the Supreme Court in National Labor Relations Board v. Transportation Management Corp., — U.S. —, 103 S.Ct. 2469 , 76 L.Ed.2d 667 (1983). … See NLRB v. McCauley, 657 F.2d 685, 687-88 (5th Cir. 1981). AMP also argues that it had a legitimate business reason for discharging Brow-er.

United States v. Brown

Court of Appeals for the Fifth Circuit · Oct 4, 2024

Per Curiam: * The Federal Public Defender appointed to represent Taurus Tafforesta Brown has moved for leave to withdraw and has filed a brief in accordance with Anders v. … California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Brown has not filed a response.

National Labor Relations Board v. L. B. Priester & Son, Inc.

669 F.2d 355 · Court of Appeals for the Fifth Circuit · Mar 5, 1982

To determine whether Priester had unilaterally changed the negotiated wage scale, the Board had to interpret the collective bargaining agreement. Such interpretations are well within the Board’s authority. NLRB v. … Board of Trade of San Francisco v. Swiss Credit Bank, 597 F.2d 146, 149 (9th Cir. *365 1979).

Ted Hicks and Associates, Inc. v. National Labor Relations Board

572 F.2d 1024 · Court of Appeals for the Fifth Circuit · May 8, 1978

(Hicks), a building contractor, petitions to set aside an order of the National Labor Relations Board (NLRB). … The Board’s interpretation of a collective bargaining agreement will stand if it is supported by the record and has a reasonable basis in law. Newspaper Production Co. v. NLRB, 5 Cir., 1974, 503 F.2d 821 , 830.