Case law

Fakouri v. Cadais

147 F.2d 667 · Court of Appeals for the Fifth Circuit · Feb 22, 1945

The securities furnished by appellant fall within the provisions of this law, which clearly are supplementary to Rule 73 (d). … The rule ■ established by these old cases has been consistently followed and is applied by the courts of Louisiana today. In Gaines v.

McDermott, Inc. v. Boudreaux

679 F.2d 452 · Court of Appeals for the Fifth Circuit · Jun 28, 1982

Thus, the Board concluded that “[djecedent was clearly a ‘shiprepairman’ in employer’s yard from March 23, 1976, until his death on June 18, 1976.” … Robison ... established in the Fifth Circuit the test for seaman status under the Jones Act.” Abshire v.

Wilkerson v. United States

Court of Appeals for the Fifth Circuit · Oct 23, 1995

II We review the district court's findings of fact under the clearly erroneous standard. Barrett v. United States, 51 F.3d 475, 478 (5th Cir.1995) (citing Robicheaux v. … The United States is immune from suit except as it waives its sovereign immunity. FDIC v. Meyer, --- U.S. ----, ----, 114 S.Ct. 996, 1000, 127 L.Ed.2d 308 (1994); United States v.

Ethel Hatton v. Marshall Wicks, Individually, and as Principal of Hughes Elementary School

744 F.2d 501 · Court of Appeals for the Fifth Circuit · Oct 22, 1984

Appellant Ethel Hatton was an established and qualified school teacher under contract to teach in the Columbus Municipal Separate School District, Columbus, Mississippi. … As such we are not bound to a clearly erroneous standard of review of the findings and conclusions of the district court. Ayers v. Western Line Cons. School Dist., 691 F.2d 766, 767, 769 (5th Cir.1982).

George P. Schultz, Secretary of Labor, United States Department of Labor v. Instant Handling, Inc., and Joseph E. King, Individually

418 F.2d 1019 · Court of Appeals for the Fifth Circuit · Nov 20, 1969

This reliance was clearly misplaced. The factual differences between that case and this require a different result. … That case is clearly distinguishable.

Drake v. E. I. DuPont deNemours & Co.

432 F.2d 276 · Court of Appeals for the Fifth Circuit · Oct 2, 1970

Several days elapsed while a repair procedure was established, and while Coast Guard approval of the method of repair was sought and approved. … In fact, of the numerous welders employed in the Levingston yard, Drake was one of only two welders who were qualified to do this job.

Delaune v. United States

143 F.3d 995 · Court of Appeals for the Fifth Circuit · Jul 7, 1998

Findings of fact are accepted unless clearly erroneous; legal conclusions are reconsidered de novo. Ballard v. United States, 17 F.3d 116, 118 (5th Cir. 1994). … Under Louisiana law, it is well established that the French version of the Code of 1825 is controlling as to articles with a civilian heritage that have not been changed since that time. Pickett v.

Stolt Achievement v. Dredge B E Lindholm

447 F.3d 360 · Court of Appeals for the Fifth Circuit · Apr 19, 2006

Stolt contends that while Scrunton was qualified to testify as to proper ship handling, navigation, and observations on the basis of his general experience, he was not qualified to testify as to the specific hydrodynamic … Merrell Dow Pharmaceuticals, Inc. established the baseline criteria for scientific expert testimony;16 Kumho Tire Co. v.

Williams v. City of New Orleans

694 F.2d 987 · Court of Appeals for the Fifth Circuit · Dec 16, 1982

Finding that target of fifty percent black representation in all ranks unsupported by the evidence: Clearly erroneous? Abuse of discretion? … E94, 106, Table G), of whom 48.2% pass the examination and were qualified for appointment under the testing procedures (R.

Otha GRIGSBY Et Al., Plaintiffs-Appellants, v. NORTH MISSISSIPPI MEDICAL CENTER, INC., Defendant-Appellee

586 F.2d 457 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

As to the class, the court determined that no prima facie case had been established; therefore, the burden never shifted to defendant. … This is not clearly erroneous.

Robinson v. Georgia Sav. Bank & Trust Co.

106 F.2d 944 · Court of Appeals for the Fifth Circuit · Oct 31, 1939

Every executor in Georgia is as clearly a court officer as is an administrator. … In the federal court a bill was filed mainly to establish devastavits of the trust and for an account of the trust.

Willie Charles Lane v. Thomas F. Jones, Sheriff of Glynn County, Georgia

626 F.2d 1296 · Court of Appeals for the Fifth Circuit · Oct 2, 1980

Decisions of the Georgia Supreme Court, however, have clearly established that whichever court first takes jurisdiction retains it subject to the power of the juvenile court to transfer cases to the superior court under another … The juvenile court was thereafter precluded from exercising jurisdiction under the established principles of Georgia law.

Romarico S. More v. Intelcom Support Services, Inc.

960 F.2d 466 · Court of Appeals for the Fifth Circuit · May 11, 1992

This argument is clearly circular. … Rather, the Treaty clearly envisions processes other than resort to the judiciary.

Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee

571 F.2d 793 · Court of Appeals for the Fifth Circuit · Apr 18, 1978

immunity cannot support the district court’s dismissal of the complaint. … The court noted that qualified immunity might be available to those individuals, id. at 40; defendant here also claims the availability of absolute or qualified immunity.

Baker v. Bowen

839 F.2d 1075 · Court of Appeals for the Fifth Circuit · Mar 14, 1988

Clearly, had the Appeals Council reviewed the tape initially, as was its duty, there would have been no litigation in this case. … Clearly, by mentioning it in the statute, Congress intended that the cost of living be seriously considered by the fee-awarding court.

Ove Skou v. United States

526 F.2d 293 · Court of Appeals for the Fifth Circuit · Jan 23, 1976

In our previous opinion, we indicated the nature of the proof required to establish the claim asserted by the plaintiff. … In any event, we conclude that the remand of the case “for further proceedings not inconsistent with this opinion” had the effect of a qualified reversal or modification of the judgment which left effective the part of the

Theriot v. St Farm Fire, et a

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

Discretionary Conduct The United States is under no statutory duty to establish an aid to navigation at a particular place. See Tringali Bros. v. United States, 630 F.2d 1089, 1090 (5th Cir. … Consequently, the ultimate finding that Hamilton negligently operated the boat was not clearly erroneous.

SHOW, Incorporated v. U.S. Dept of Agricult

Court of Appeals for the Fifth Circuit · Feb 19, 2015

Contender Farms and McGartland argue that the HPA addresses this issue and the statute clearly prohibits the Regulation. … A person is “qualified” if he or she is “[c]ompetent, suited, or having met the requirements for a specific position or task.”

Seal Offshore, Inc. v. American Standard, Inc.

736 F.2d 1078 · Court of Appeals for the Fifth Circuit · Jul 23, 1984

Long-established general principles of interpreting indemnity agreements require that indemnification for an indemnitee’s own negligence be clearly and unequivocally expressed. See, e.g., United States v. … The finding was not clearly erroneous.

Georgia Ann Wright Hill, Cross-Appellant v. J. C. Penney Company, Inc., Cross-Appellee

688 F.2d 370 · Court of Appeals for the Fifth Circuit · Oct 7, 1982

The district court held that *376 plaintiff failed to establish a prima facie case on this claim. … The court concluded that plaintiff did not prove herself qualified for a commission sales job.