Case law

Jack R. Edmonds v. Illinois Central Gulf Railroad Company

910 F.2d 1284 · Court of Appeals for the Fifth Circuit · Oct 29, 1990

Moreover, Edmonds sought to establish a link between this accident-induced stress and his worsening coronary artery disease. … We answer both in the negative. 13 The district court qualified Gouvier as an expert in the field of clinical psychology.

United States v. Carlos J. Hinojosa

484 F.3d 337 · Court of Appeals for the Fifth Circuit · Apr 10, 2007

Upon further questioning of the government, the district court noted' that the Probation Officer’s response indicated that the Texas State Securities Board investigators stated that evidence established a total loss amount … Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that they

Bridas S.A.P.I.C. v. Government of Turkmenistan

345 F.3d 347 · Court of Appeals for the Fifth Circuit · Sep 15, 2003

As we have held in the past, such a statement does not establish an agency relationship. Id. at 180. … The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator.

Hercules, Inc. v. Stevens Shipping Co., Inc., Detco Towing Co., Inc. v. Aetna Casualty & Surety Co., Intervenor-Appellant. Hercules, Inc. v. Stevens Shipping Co., Inc., Escambia Treating Co. v. Detco Towing Co., Inc.

698 F.2d 726 · Court of Appeals for the Fifth Circuit · Feb 22, 1983

Sec. 1304 , entitled "Rights and Immunities of Ships and Carrier", whereas the one-year limitation provision is found under Sec. 3 of COGSA (see note 7, supra ). … The White City, 285 U.S. 195, 201 (1932), 52 S.Ct. 347, 349 , 76 L.Ed. 699 , a case that readily qualifies as seminal, the Court declared: It has long been settled that suit by the owner of a tow against her tug to recover

Clinton Young v. William Stephens, Director

Court of Appeals for the Fifth Circuit · Jul 30, 2015

Analyzing § (d)(1), a state court’s decision is contrary to clearly established federal law if: “(1) the state court ‘applies a rule that contradicts the governing law’ announced in Supreme Court cases, or (2) the state court … Instead AEDPA requires us to consider whether it is debatable that the state court decision was based on an unreasonable determination of the facts or an unreasonable application of clearly established federal law.

Weber v. Kaiser Aluminum & Chemical Corp.

563 F.2d 216 · Court of Appeals for the Fifth Circuit · Nov 17, 1977

Although the three potential violations discussed above may not make the district court’s finding “clearly erroneous” in the sense contemplated by Rule 52(a), F.R. Civ.P., arguable violations clearly existed. … To immunize this plan the defendants should also be required to show that the plan is a reasonable remedy.

South Coast Corporation v. Commissioner of Internal Revenue

180 F.2d 878 · Court of Appeals for the Fifth Circuit · Mar 16, 1950

It seems clear that, in providing a statutory waiver of the sovereign immunity to suit, Congress may impose such conditions as it chooses. Nichols v. … Moreover, statutes waiving such sovereign immunity must be strictly construed. See Rambo v. United States, 5 Cir., 145 F.2d 670 ; United States v. Durrance, 5 Cir., 101 F.2d 109 ; Schillinger v.

Watkins v. United Steel Workers, Local No. 2369

516 F.2d 41 · Court of Appeals for the Fifth Circuit · Jul 16, 1975

The factual situation in the case at bar is clearly distinguishable from those of the Williamson and Hayes International cases. … The use of total employment seniority to establish the order of recall of employees affects each individual employee with equal force.

Mary Ernewayn v. Home Depot USA, Incorporated

727 F.3d 369 · Court of Appeals for the Fifth Circuit · Aug 14, 2013

Home Depot, as appellant, bears the burden of establishing appellate jurisdiction. Id. … Despite its broad language, “§ 1447(d) must be read in pari materia with § 1447(c), so that only remands based on grounds specified in § 1447(c) are immune from review under § 1447(d).” Things Remembered, Inc. v.

Frame Ex Rel. Castro v. City of Arlington

616 F.3d 476 · Court of Appeals for the Fifth Circuit · Aug 23, 2010

First, under the regulations, sidewalks, curbs, and parking lots are specifically defined as facilities and are clustered with items that clearly do not qualify as “services, programs, or activities,” such as equipment and … Intentional discrimination in the provision of otherwise accessible services, programs, or activities, though also clearly prohibited by Title II, is not at issue in this case and need not be considered. .

Spectrum Stores, Inc. v. Citgo Petroleum Corp.

632 F.3d 938 · Court of Appeals for the Fifth Circuit · Feb 8, 2011

The parties did not raise arguments regarding possible immunity under the Foreign Sovereign Immunities Act (FSIA), and they did not make arguments based on Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). … Prudential Considerations The remaining four Baker factors—the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; the impossibility of a court’s undertaking

United States v. Larry Thompson

811 F.3d 717 · Court of Appeals for the Fifth Circuit · Jan 21, 2016

Because Thompson had not resided in McKinney for thirty days, he argues that he qualifies for a “safe harbor” under the SMART Guidelines. … Because Thompson’s proposed instruction omits crucial qualifying language from the SMART Guidelines, it would have misled the jury regarding when Thompson was required to update his registration.

United Gas Pipe Line Co., and Pennzoil Pipeline Co., Petitioners-Cross v. National Labor Relations Board, Respondent-Cross

471 F.2d 395 · Court of Appeals for the Fifth Circuit · Jan 11, 1973

Harris indicated clearly his understanding that the requested transfer was still under consideration and expressed doubts about its final approval in view of the company’s rule. … The evidence clearly establishes that those who dealt with the transfer request knew it would not be granted unless the one year rule was waived.

Dow Chemical Co. v. Chemical Cleaning, Inc.

434 F.2d 1212 · Court of Appeals for the Fifth Circuit · Nov 6, 1970

That matter was determined in the previous litigation before this Court and is clearly res judicata. … The court found that the facts of this case did not qualify it as an “exceptional” case. (Finding of Fact No. 27). We iterate that this is not a patent infringement ease — it is a civil contempt proceeding.

Rubinstein v. Administrators of the Tulane Educational Fund

218 F.3d 392 · Court of Appeals for the Fifth Circuit · Jul 6, 2000

A prima facie case may be established by a showing that the plaintiff was a member of an identifiable national origin or 10 religion; that he was qualified for the benefit or promotion … “Congress plainly sought to impose two standards of liability--one for establishing a right to compensatory damages and another, higher standard that a plaintiff must satisfy to qualify for

State of Texas v. USA

Court of Appeals for the Fifth Circuit · Nov 9, 2015

We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’” … The district court’s finding was clearly erroneous, however, and I turn to it next. B.

Mueck v. La Grange Acquisitions

Court of Appeals for the Fifth Circuit · Aug 4, 2023

Similarly, his ability to concentrate, think clearly, and make decisions was greatly impaired during a binge. … still qualify as a disability.

Zoecon Industries, a Division of Zoecon Corporation v. The American Stockman Tag Co., Carolyn Reed and Nelda Poncik

713 F.2d 1174 · Court of Appeals for the Fifth Circuit · Sep 9, 1983

When a confidential employment relationship is established, the employer has a qualified right to secrecy that arises from the relationship and is required by principles of good faith. R. … As in the case at bar, we concluded that the district court’s finding of fact was not clearly erroneous.

Andrew Hawkins v. Town of Shaw, Mississippi

437 F.2d 1286 · Court of Appeals for the Fifth Circuit · Jan 23, 1971

Surely, this was enough evidence to establish a prima facie case of racial discrimination. … The Town of Shaw, indeed any town, is not immune to the mandates of the Constitution. As Mr. Justice White noted in Avery v.

Tywaski King v. James LeBlanc

Court of Appeals for the Fifth Circuit · Aug 8, 2019

In this interlocutory appeal, the officers appeal the denial of qualified immunity. … “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.” Id.