Case law

Mississippi Women's Medical Clinic v. Roy Mcmillan

866 F.2d 788 · Court of Appeals for the Fifth Circuit · Feb 28, 1989

clinic's property be rendered secure. 3 Prerequisites for Issuing a Preliminary Injunction 4 Our Circuit has termed the remedy that MWMC seeks an "extraordinary" one, holding that "[i]t should only be granted if the movant has clearly … Instead, the rights, privileges, and immunities protected by Sec. 1985(3) "must be found elsewhere."

Fidelity-Phenix Fire Ins. Co. Of New York v. Flota Mercante Del Estado. The Rio Gualeguay

205 F.2d 886 · Court of Appeals for the Fifth Circuit · Aug 11, 1953

Although in an admiralty proceeding an appellate court has the power to try the case de novo on appeal, it is not required to do so, and will not ordinarily disturb the trial court’s findings of fact unless they are clearly … The statute makes no other exception from the complete immunity granted.”

Agnes L. JONES, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee

568 F.2d 1224 · Court of Appeals for the Fifth Circuit · Mar 6, 1978

Clearly, she did apply for the position of police dispatcher trainee in 1969. However, as her own deposition reveals, in 1972 she sought employment by telephone application as a police dispatcher. … But, the facts having been established beyond genuine dispute, it was appropriate.

Meza v. Livingston

607 F.3d 392 · Court of Appeals for the Fifth Circuit · May 20, 2010

Additionally, we find that defendants Livingston and Jenkins do not *413 enjoy qualified immunity under the Eleventh Amendment. … telecommunication device for sexually-explicit purposes; (17) submit to a search of the person, motor vehicle, residence, and property by a supervising parole officer; (18) submit to polygraph examinations; and (19) abide by an established

Diane Elder Garza v. Brownsville Independent School District

700 F.2d 253 · Court of Appeals for the Fifth Circuit · Mar 17, 1983

. §§ 2000e, et seq., by appointing a male to the position for which she was at least equally qualified because the principal of the School, defendant Martin, had a pre-existing preference for hiring a man rather than a woman … That reason, if valid, would deny reinstatement on hiring preference to every victim of discrimination even though Title VII clearly contemplates such relief.

Bahr v. Commissioner of Internal Revenue

119 F.2d 371 · Court of Appeals for the Fifth Circuit · Apr 22, 1941

Eugene qualified as executor but before completing the administration died December 1, 1934, leaving a will of which the petitioners are executors. … If the partnership be considered wound up, it being clearly solvent, by Eugene’s apportioning the property and debts among Mrs.

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. City Stores, Inc., Doing Business as Loveman's

479 F.2d 235 · Court of Appeals for the Fifth Circuit · Aug 16, 1973

required in the jobs at the particular establishment are equal should be considered, whether this relates to the performance of like jobs in other establishments or not. … If an employee must have essentially the same skill in order to perform either of two jobs, the jobs will qualify under the Act as jobs the performance of which requires equal skill, even though the employee in one of the

United States v. Hernandez-Avalos

251 F.3d 505 · Court of Appeals for the Fifth Circuit · May 11, 2001

To successfully collaterally attack an earlier removal order, which serves as an element of an offense under 8 U.S.C. § 1326, an alien must establish that (1) the prior hearing was fundamentally unfair; (2) the hearing … conclude that Hernandez’s Colorado drug conviction is a “drug trafficking crime” and, therefore, an “aggravated felony” within the meaning of the applicable statutes because (1) Hernandez’s heroin possession offense is clearly

Clinton Williams v. Liberty Mutual Insurance Co.

741 F.3d 617 · Court of Appeals for the Fifth Circuit · Jan 28, 2014

Owens is clearly distinguishable. … Liberty Mutual “clearly establishes that the law of Alabama applies to Williams’ claims.” Williams, 2011 WL 5183572, at *7.

United States v. Juan Ortega-Calderon

814 F.3d 757 · Court of Appeals for the Fifth Circuit · Feb 26, 2016

Penal Code § 245(a)(1) qualifies as a “crime of violence” under the Guidelines. … But our approval of that case was a far cry from establishing a rule for determining when evidence of a prior conviction is reliable.

Talen's Landing, Inc. v. M/v Venture, Ii, Etc., Venture Towing, Inc., Venture Marine Enterprises, Inc. And Jacques J. Creppel

656 F.2d 1157 · Court of Appeals for the Fifth Circuit · Sep 25, 1981

The record clearly supports the Court’s finding. … The record clearly established that all three corporations have the same office with only one employee working as a bookkeeper, secretary and operations man, and that Creppel does not know which corporation pays that employee

Carriere v. Chandeleur Energy Corp.

42 F.3d 642 · Court of Appeals for the Fifth Circuit · Dec 9, 1994

Louisiana's interests - stronger by comparison - are (1) Carriere is domiciled in Louisiana; (2) Grey Wolf is qualified to do business in Louisiana, and is doing business in Louisiana; (3) Carriere was working … qualifies as an immunized statutory employer,14 yet in this dispute, Carriere urges us to apply Texas law so that he can recover in tort against Grey Wolf; and finally if, by running Appellants' claims simplistically

Wal-Mart Distribution Center 6016 v. Occupational Safety & Health Review Commission

819 F.3d 200 · Court of Appeals for the Fifth Circuit · Apr 6, 2016

The ALJ thus concluded that the Secretary had established that Wal-Mart had violated § 1910.132(d)(1). … However, the appendix is clearly and explicitly designated as non- mandatory. 29 C.F.R. § 1910.132 (“Non-mandatory appendix B contains an example of procedures that would comply with the requirement for a hazard assessment

Ochoa-Salgado v. Garland

5 F.4th 615 · Court of Appeals for the Fifth Circuit · Jul 16, 2021

But, to qualify for that, Ochoa- Salgado must not have been convicted of an offense that falls within the Con- trolled Substances Act (“CSA”). … The amendment “must clearly overrule our caselaw to warrant a departure from the rule of orderliness.” Id.

Earnest Knighton, Jr. v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary

740 F.2d 1344 · Court of Appeals for the Fifth Circuit · Oct 15, 1984

None may be said to be clearly erroneous. … Once professionally unreasonable errors are established, to prevail under the dual-pronged test of Strickland v.

United States v. Robert Edward Johnson

476 F.2d 1251 · Court of Appeals for the Fifth Circuit · Mar 20, 1973

Clearly that indictment fully informed the Defendant of the specific act for which criminal liability was sought to be imposed — complete with time, place and circumstance. … Clearly the status of being a civil rights worker affords no special status under the Selective Service System.

David Atkins v. Ken Salazar, Secretary

Court of Appeals for the Fifth Circuit · Apr 16, 2012

Rizzo, 213 F.3d at 218 (“[Under the ADA,] it is the employee’s burden to prove that he is a qualified individual with a disability . . . , and it is the employer’s burden to establish [an affirmative defense].”). … The NPS Standards are clearly job-related for a park ranger. Detterline v. Salazar, 320 F.

Paul v. O'Malley v. United States Fidelity and Guaranty Company, Andre C. Farish v. United States Fidelity and Guaranty Company

776 F.2d 494 · Court of Appeals for the Fifth Circuit · Oct 18, 1985

After reviewing the record, we cannot say that the findings of the district court are clearly erroneous. … Finally, Dennis could not qualify the report as a recorded recollection, admissible under 803(5). The witness laying the foundation for evidence admitted under 803(5) must show the report to be accurate.

Eddie Wooten v. McDonald Transit Assoc, Inc.

788 F.3d 490 · Court of Appeals for the Fifth Circuit · Jun 10, 2015

Holtzclaw unequivocally added a fourth element to the claim—a plaintiff who sought re-employment under the ADEA must prove as a part of his prima facie case that he was qualified for his position. … Accordingly, we hold that McDonald Transit has not borne its burden to show that its default was excusable, and we cannot say, on this record, that the district court’s factual finding of willfulness was clearly erroneous

Mid-Continent Casualty Co. v. Swift Energy Co.

206 F.3d 487 · Court of Appeals for the Fifth Circuit · Mar 9, 2000

Thus, Swift claims, the MSA is clearly an “insured contract” within the meaning of the Policy.6 Mid-Continent makes two arguments in support of its claim that the MSA does not qualify as an “insured contract” under … As Mid-Continent’s argument does not implicate the Policy’s language, it clearly fails to establish a coverage limitation.