Case law

Bisson v. Howard

224 F.2d 586 · Court of Appeals for the Fifth Circuit · Jun 30, 1955

of the military establishment. … The revised Articles, and their successor —the new Code — also establish a hierarchy within the military establishment to review the convictions of courts-martial, to ferret out irregularities in the trial, and to enforce

Donovan v. District Lodge No. 100, International Ass'n of Machinists & Aerospace Workers

666 F.2d 883 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

Here they clearly were not. The employees could have made arrangements to vote. … As argued by defendant, the preliminary support requirements in District 22, supra were much more severe than those present here, and clearly they resulted in the exclusion of “an undetermined number of otherwise qualified

St Tammany Parish v. Fed Emer Mgmt Agency

Court of Appeals for the Fifth Circuit · Feb 19, 2009

The implementing regulations establish that debris removal must be in the “public interest” in order to be eligible for funding. Id. § 206.224(a). … The Supreme Court has developed a two-part test for determining whether agency conduct qualifies as a discretionary function or duty under this exception.

Thomas E. Ladner v. J.B. Smith, Sheriff, Smith County, Texas, 1

941 F.2d 356 · Court of Appeals for the Fifth Circuit · Oct 8, 1991

Our conclusion is clearly not. … Penal Code Ann. § 39.021 (a)(2) whose elements are: (1) a peace officer employed at a jail, (2) willfully denies or impedes, (3) a person in custody, (4) in the exercise or enjoyment of any right, privilege, or immunity,

United States v. Melvin C. Scott and Charles F. Everett, Jr.

795 F.2d 1245 · Court of Appeals for the Fifth Circuit · Aug 7, 1986

The defendants simply failed to clearly allege, much less prove, how the passage of time in this case up to the indictment caused them any actual or substantial prejudice. … Having reviewed the record, the Court finds that Chief Judge Stagg carefully and correctly disposed of each motion and that he clearly did not abuse his discretion.

Amberg v. Federal Deposit Insurance

934 F.2d 681 · Court of Appeals for the Fifth Circuit · Jul 2, 1991

Since the FDIC established regulations which required an answer to be filed within twenty days, the time limit is jurisdictional. … The civil money penalties are substantial; they clearly prejudice the Petitioners.

High v. Braniff Airways, Inc.

592 F.2d 1330 · Court of Appeals for the Fifth Circuit · Apr 13, 1979

Our opinion, being of a tentative and interim nature, is therefore not to be taken as establishing any law of the case whatever, and we shall avoid burdening the reports with a more extensive statement of the case or exposition … Clearly this phrase, unless the product of careless draftsmanship by the parties, is most consistent with an anticipation that either of the collective bargaining agreements might be applicable to a particular job.

U.S. Commodity Futures Trading Commission v. Dizona

594 F.3d 408 · Court of Appeals for the Fifth Circuit · Jan 14, 2010

We note that, after Dizona's challenge to the Commission’s attorney's explanation of how Exhibit 27 was created, the Commission offered no evidence to establish that the requirements of Rule 803(6) had been met. . … Clearly, the hearsay objection based on Rule 803(6) was not waived. .

United States v. Neely B. Mayton, John Allen Blackburn, Floyd Bamberg, as Registrars of Voters of Perry County, Alabama, and State of Alabama, United States of America v. Honorable Daniel H. Thomas

335 F.2d 153 · Court of Appeals for the Fifth Circuit · Jul 23, 1964

McCLELLAN: To establish a practice there wouldn't there have to be repeated acts? 'MR. … I believe I am qualified to vote.

United States v. Richard James Tucker

345 F.3d 320 · Court of Appeals for the Fifth Circuit · Oct 16, 2003

The Government points out that the evidence presented in the case clearly bespoke of willful, fraudulent behavior on the part of Tucker. … Each count alleged that the defendant had made multiple statements, any one of which established criminal liability.

Seligman v. Commissioner

796 F.2d 116 · Court of Appeals for the Fifth Circuit · Aug 8, 1986

separate and distinct additional asset and that, as an inevitable consequence, the payment is capital in nature and not an expense, let alone as ordinary expense, deductible under § 162(a) in the absence of other factors not established … This finding is one of fact and, therefore, can be reversed only if found to be clearly erroneous. See, Commissioner v.

Timothy Patton v. Jacobs Engineering Group, Inc, e

874 F.3d 437 · Court of Appeals for the Fifth Circuit · Oct 24, 2017

To 5  Case: 16-30879 Document: 00514209175 Page: 6 Date Filed: 10/24/2017 No. 16-30879 establish a failure to accommodate claim, … Moreover, the EEOC investigation clearly encompassed Patton’s failure to accommodate claim. In its position statement, Jacobs stated that “Patton never made any request for reasonable accommodation from Jacobs.”

United States v. Graves

5 F.3d 1546 · Court of Appeals for the Fifth Circuit · Oct 20, 1993

Graves unsuccessfully contested the motion, contending that such a limitation would be "contrary to the established standards of cross-examination and confrontation". … Whether one believes Graves was urging Myron Palermo to lie or not, - 18 - he was clearly attempting to "influence" the grand jury testimony of Myron Palermo in arguable violation of

26 Fair empl.prac.cas. 1230, 26 Empl. Prac. Dec. P 32,101 Jeanine W. Wilkins and Sharon D. Hill v. The University of Houston

654 F.2d 388 · Court of Appeals for the Fifth Circuit · Aug 28, 1981

That finding is not subject to the clearly erroneous standard of review; rather, the reviewing court must make an independent determination of the ultimate fact issue of discrimination. … Further, the number of available women qualified to hold faculty instructor or assistant professor positions may be significantly different from the number qualified to hold positions as associate or full professors, as the

Arthur J. Goldberg, Secretary of Labor, United States Department of Labor v. Southern Farms, Inc.

301 F.2d 130 · Court of Appeals for the Fifth Circuit · Apr 27, 1962

Since Greenwood’s truck collects eggs beyond the 50-mile area, the truck cannot qualify as a “farm assembler” or an “establishment through which” the eggs move within the specified distance. … Very clearly, we think, the evidence failed to establish that Greenwood was a “farm assembler” or “other establishment” through which the eggs customarily move within the specified distance.

Julia Pylant v. Southern Methodist University

814 F.3d 701 · Court of Appeals for the Fifth Circuit · Feb 23, 2016

―Corpus Christi 1977, no writ); accord Thomas, 940 S.W.2d at 343 (noting, in the same case that the Pylants cite for their absolute-immunity argument, that accusations of wrongdoing to police get only con- ditional immunity … But none of those cases establishes immunity for a statement in a “quasi- judicial” proceeding in a private institution that does not have any law enforce- ment or law interpreting authority.

Cuvillier v. Taylor

503 F.3d 397 · Court of Appeals for the Fifth Circuit · Oct 5, 2007

and enforcing support orders, including requests to locate noncustodial parents, establish paternity, and initiate proceedings to establish and collect child support awards.” … The existence of Cuvillier’s asserted federal right is all the more clearly foreclosed considering that Title IV-D constitutes spending legislation.

United States v. Daryl Pawlak

935 F.3d 337 · Court of Appeals for the Fifth Circuit · Aug 15, 2019

In response, the government asserts that “[t]he district court did not clearly err in enhancing Pawlak’s offense level for obstruction of justice be- cause the evidence, including his confession, established that he downloaded … The court did not clearly err in applying the obstruction enhancement.

Elroy Chester v. Rick Thaler, Director

666 F.3d 340 · Court of Appeals for the Fifth Circuit · Jan 3, 2012

In this context, “clearly established federal law ‘refers to the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court decision.’” Valdez v. … This analysis also disposes of Petitioner’s overlapping argument that the state court decision was “contrary to” clearly established federal law.

Ayers v. Fordice

111 F.3d 1183 · Court of Appeals for the Fifth Circuit · May 16, 1997

education and students who do not so qualify. … Clearly, this principle is educationally sound.