Case law

National Labor Relations Board v. Pine Manor Nursing Home, Inc.

578 F.2d 575 · Court of Appeals for the Fifth Circuit · Aug 18, 1978

B. v. … B. v. Monroe Auto Equipment Co., 392 F.2d 559 (5th Cir. 1968). Based upon those findings of fact, the employer clearly violated the act in the particulars alleged and found to be correct by the board.

Sreeram v. L S U Med Ctr Sport

188 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 22, 1999

See, e.g., Brown v. CSC Logic, Inc., 82 F.3d 651 (5th Cir. 1995). … Krystek v. University of Southern Mississippi, 164 F.3d 251, 256 (5th Cir. 1999) (citing Brown, 82 F.3d at 655.)

Ura Bernard Lemon, United States of America, Plaintiff-Intervenor v. Bossier Parish School Board

566 F.2d 985 · Court of Appeals for the Fifth Circuit · Jan 11, 1978

Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 26 , 91 S.Ct. 1267, 1281 , 28 L.Ed.2d 554 (1971). As we explained in Boykins v. … In Boykins v.

Advanced Technology BuildIng Solutions, L.L.C. v. City of Jackson

817 F.3d 163 · Court of Appeals for the Fifth Circuit · Mar 15, 2016

Weiser-Brown Operating Co. v. St. Paul Surplus Lines Ins. Co., 801 F.3d 513, 525 (5th Cir. 2015); Laxton v. Gap Inc., 333 F.3d 572, 577 (5th Cir. 2003). … Bowsher v.

United States v. Wyly

193 F.3d 289 · Court of Appeals for the Fifth Circuit · Nov 1, 1999

.; KENNETH KNIGHT KILLEN, JR., on behalf of William Bryant Killen; JAMES PAUL BROWN, on behalf of Matthew P. Brown, on behalf of Kathrine J. Brown;  BAHIA W. BROWN; JACK S. … See also United States v. Brown, ___ F.3d ___, ___, 1999 WL 642214, at *5 & n.11 (5th Cir. 1999).

Davidson v. Board of Trustees for State Colleges and Universities

604 F.2d 669 · Court of Appeals for the Fifth Circuit · Sep 27, 1979

604 F.2d 669 Davidson v. … , Inc. v.

National Labor Relations Board v. Computer Sciences Corporation, Applied Technology Division, Aerospace Systemscenter

589 F.2d 232 · Court of Appeals for the Fifth Circuit · Feb 7, 1979

See N.L.R.B. v. Schwartz Brothers, Inc., 154 U.S.App.D.C. 342 , 475 F.2d 926 (1973); Delta Drilling Co. v. N.L. R.B., 406 F.2d 109 (5th Cir. 1969). … The burden is on the petitioning party to show that an error was made, Southwestern Portland Cement Co. v.

Harlan F. Fecht and Bessie McAllister v. Edmund Makowski and Margaret M. Makowski D/B/A Harbor Lights Motel

406 F.2d 721 · Court of Appeals for the Fifth Circuit · Feb 3, 1969

In the present case the owner was not only on board the vessel but was operating it. 4 . … Indeed, Judge Brown points out that where the court denies limitation the claimants should be allowed to pursue their common law remedies. Id. at 552. 9 . See Bello v.

Mark Barto v. J. Ray McDermott Intl Vessels

801 F.3d 465 · Court of Appeals for the Fifth Circuit · Sep 4, 2015

EDITH BROWN CLEMENT, Circuit Judge: Mark Barto, an employee of Shore Construction, L.L.C., (“Shore”) was hurt when he fell while working on a derrick barge operated by McDermott, Inc. (“McDermott”). … See, e.g., Curry v.

Prudential Insurance Company of America, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

661 F.2d 398 · Court of Appeals for the Fifth Circuit · Nov 16, 1981

The Board has not yet ruled on the question of waiver, but the Board’s General Counsel has issued a formal opinion holding that a waiver would be valid. … See NLRB v. Magnavox Co. of Tennessee, 415 U.S. 322 , 94 S.Ct. 1099 , 39 L.Ed.2d 358 (1974). Compare NLRB v. Mid-States Metal Products, Inc., 403 F.2d 702 (5th Cir. 1968) with Mason & Hanger-Silas Mason Co. v.

Eymard & Sons Shipyard v. Mcgee Smith

862 F.2d 1220 · Court of Appeals for the Fifth Circuit · Jan 13, 1989

The Benefits Review Board (the Board) affirmed. … Co. v. Hardy, 558 F.2d 1192 , 1199 (5th Cir.1977). See also White v. Bath Iron Works Corp., 812 F.2d 33, 35 (1st Cir.1987); Lambert's Point Docks, Inc. v.

A.M. Jatoi, Md v. Hurst-Euless-Bedford Hospital Authority

807 F.2d 1214 · Court of Appeals for the Fifth Circuit · Jan 14, 1987

The Medical Board makes recommendations to the Board of Trustees on decisions affecting medical personnel. The Board of Trustees then makes the actual decision. … Brown & Root, Inc., 711 F.2d 1287 , 1290 n. 3 (5th Cir.1983), cert. denied, 464 U.S. 1069 , 104 S.Ct. 975 , 79 L.Ed.2d 213 (1984).

John M. Presley v. Tinsley Maintenance Service

529 F.2d 433 · Court of Appeals for the Fifth Circuit · Mar 26, 1976

Brown-Pacific-Maxon, Inc., 340 U.S. 504, 508 , 71 S.Ct. 470, 472 , 95 L.Ed. 483, 487 (1951), or unless they are 'irrational,' O'Keeffe v. … Cardillo v.

United States v. Investment Enterprises, Inc.

10 F.3d 263 · Court of Appeals for the Fifth Circuit · Dec 17, 1993

Warner was a member of the board of CPLC, but he never attended any board meetings. … Intervenor v.

Beryl N. Jones v. Caddo Parish School Board v. June Phillips, Movant-Appellant

718 F.2d 120 · Court of Appeals for the Fifth Circuit · Oct 11, 1983

Carl v. Daniels, Jr., and James E. Speeney v. Florida Power & Light Company

317 F.2d 41 · Court of Appeals for the Fifth Circuit · May 8, 1963

See Spaulding v. Parry Nav. Co., 2 Cir., 1951, 187 F.2d 257 ; Hickory House, Inc. v. Brown, Fla.1955, 77 So.2d 249 . We come then to the claims insofar as they rest on the unseaworthiness doctrine. … Vitozi v. Balboa Shipping Company, 1 Cir., 1947, 163 F.2d 286 ; and Muscelli v. Frederick Starr Contracting Company, 1947, 296 N.Y. 330 , 73 N.E.2d 536 . Contra: Cannella v. Lykes Bros.

Carl Bass v. L. B. Sullivan, Commissioner of the State of Alabama Board of Correction

550 F.2d 229 · Court of Appeals for the Fifth Circuit · Apr 7, 1977

Estelle v. Gamble, 429 U.S. 97 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). 2 . 429 U.S. at 102, 97 S.Ct. at 290, 50 L.Ed.2d at 259. 3 . … Tolbert v. Eyman, 434 F.2d 625 (9th Cir. 1970); Dewell v. Lawson, 489 F.2d 877 (10th Cir. 1974). 7 . In closing argument below, able counsel for Bass speculated that in Bass’- condition Dr.

National Labor Relations Board v. Arthur Collier, D/B/A Arthur Collier Electric Company

553 F.2d 425 · Court of Appeals for the Fifth Circuit · Jun 2, 1977

We must enforce the Board’s order if it rests upon substantial evidence considering the record as a whole. Universal Camera Corp. v. … E. g., NLRB v. Brown, 380 U.S. 278, 286 , 85 S.Ct. 980, 985 , 13 L.Ed.2d 839, 846 (1965); Mueller Brass Company v. NLRB, 544 F.2d 815, 819 (5th Cir. 1977); Florida Steel Corporation v.

Atlantic Marine, Inc. v. Bruce

661 F.2d 898 · Court of Appeals for the Fifth Circuit · Nov 16, 1981

Thomas Brown, Timothy D. Ellis, Jacksonville, Fla., for Julius Bruce. Petition for Review of an Order of the Benefits Review Board. Before GODBOLD, Chief Judge, TJOFLAT and THOMAS A. CLARK, Circuit Judges. … See Vozzolo v. Britton, 377 F.2d 144 , 147-48 n.13 (D.C.Cir.1967); Todd Shipyards, 300 F.2d at 745 ; Southern Stevedoring v. Henderson, 175 F.2d 863, 866-68 (5th Cir. 1949); Henderson v.

United States v. Williams

621 F.2d 123 · Court of Appeals for the Fifth Circuit · Jul 7, 1980

Brown, 540 F.2d 364, 371-72 (8th Cir. 1976); United States v. Hall, 536 F.2d 313, 320-21 (10th Cir.), cert. denied, 429 U.S. 919 , 97 S.Ct. 313 , 50 L.Ed.2d 285 (1976). … The evidence here showed that when defendant, a member of the school board, made his requests for money, the other parties were aware of his public office. United States v. Braasch, 505 F.2d at 151 .