Case law

Prestige Ford v. Ford Dealer Computer Services, Inc.

324 F.3d 391 · Court of Appeals for the Fifth Circuit · Mar 25, 2003

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The arguments Prestige offers –and in particular, the evidence in support of those arguments– fall well short of establishing an explicit, well-defined and dominant public policy. See id.

Empire Seafoods, Inc. v. Anderson

398 F.2d 204 · Court of Appeals for the Fifth Circuit · Mar 18, 1968

Thomas was qualified to act in that capacity, or that she attempted to fill that position. … We are convinced of the correctness of the finding by the District Court that the vessel was unseaworthy in that Thomas was not qualified; a qualified lookout was not aboard; such circumstances contributed to the collision

Robert R. York, Cross-Appellants v. City of Wichita Falls, Texas, Cross-Appellee

944 F.2d 236 · Court of Appeals for the Fifth Circuit · Oct 11, 1991

The provisions of § 8 clearly indicate that the statute applied to the City’s actions of May 24, 1985. In this case, the legislative history of § 8 reinforces the plain wording. … The relevant regulations provide that such deductions do not establish that a person is paid on a wage basis. 29 C.F.R. § 541.118 (b).

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.”

In Re Burlington Northern, Inc., Burlington Northern Railroad Co., Union Pacific Corp., Union Pacific Railroad Co., Missouri Pacific Railroad Co., Kansas City Southern Industries, Inc., Kansas City Southern Railway Co. & Chicago & North Western Transportation Co.

822 F.2d 518 · Court of Appeals for the Fifth Circuit · Aug 12, 1987

The court's holding was that Noerr-Pennington "provides immunity only for the narrow petitioning activity," id. at 1265, and that this immunity does not provide "overall immunity" to other violations, id. at 1263. … viable privilege these parties hold 13 The railroads also claim that the district court cannot conclude the window lawsuits defense was a sham because the special master made factual findings to the contrary that were not clearly

Guenther v. BP Retr Accumulation

50 F.4th 536 · Court of Appeals for the Fifth Circuit · Oct 7, 2022

To overcome this presumption, the movant must establish “adversity of interest, collusion, or nonfeasance on the part of the existing party.” Id. … Specifically, the governmental defendants preferred not to resolve the case on the merits, planning instead to move for dismissal based on sovereign immunity and standing arguments. Id.

Holcombe v. Ferlita the Doromar

181 F.2d 263 · Court of Appeals for the Fifth Circuit · Apr 25, 1950

Since we view the question of nonliability of .the Doromar to be. clearly established toy the facts, (which we adjudge contrary to the findings made .below), we do not discuss the correctness of the legal conclusions adopted … current; and the extent to which the current would carry the Doromar off the compass course, clearly establishes that the grounding was caused by the failure to evaluate and apply these elements, and was therefore the result

Newbury v. City of Windcrest

991 F.3d 672 · Court of Appeals for the Fifth Circuit · Mar 22, 2021

Newbury again fails to establish a prima facie claim of retaliation. … To establish a sex-discrimination claim under Title VII, a plaintiff must show “(1) that she is a member of a protected class; (2) that she was qualified for the position sought; (3) she was subject to an adverse employment

Michael Powers v. Diana Clay

560 F. App'x 290 · Court of Appeals for the Fifth Circuit · Mar 25, 2014

The appellees filed a motion for summary judgment arguing, primarily, that they were entitled to qualified immunity. … See Williams, 736 F.3d at 688 (noting that the constitutional right allegedly abridged must be clearly established); see also Burleson v. Tex.

Diamond Offshore Company v. A&B Builders, Inc.

302 F.3d 531 · Court of Appeals for the Fifth Circuit · Oct 2, 2002

On August 3, 2000, a panel of this Court remanded the case to establish "whether McMillon directly qualified for coverage under Section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 905 … Demette clearly articulated the rule regarding what qualifies as an OCSLA situs. We conclude that the Demette situs test is binding and that it does not conflict with our prior decision in Mills.

United States v. Rodriguez-Herrera

587 F. App'x 830 · Court of Appeals for the Fifth Circuit · Oct 30, 2014

But the instant case is-clearly distinguishable from Gutierrez-Ramirez because, there, the abstract of judgment was the only evidence showing that the conviction was for a particular part of a statute. … Here, Rodríguez-Herrera has not established such a “realistic probability” because, for example, he has not pointed to any North Carolina case that has punished “administering” in this way.

Total E & P USA, Inc. v. Kerr-McGee Oil & Gas Corp.

711 F.3d 478 · Court of Appeals for the Fifth Circuit · Mar 12, 2013

The footnote clearly stipulates that the lease’s provisions for payment of royalties are superseded by the DWRRA if the lease is eligible for royalty suspension, thus qualifying the lessee’s contractual duty to make royalty … Even within the four corners of the assignment contract to the Belcher group, the “granting” clause was clearly never meant to be unqualified.

Prytania Park Hotel, Ltd. v. General Star Indemnity Co.

179 F.3d 169 · Court of Appeals for the Fifth Circuit · Jun 21, 1999

As the Furniture is not plumbing, heating, cooling, or electrical, it must qualify as “other installations” or be ineligible for component 26 La. Civ. … We need not, however, and therefore do not, resolve the issue whether the Furniture can qualify as an article 466 “other installation.”

St. David's Health Care System v. United States

349 F.3d 232 · Court of Appeals for the Fifth Circuit · Nov 7, 2003

Under the “community benefit standard,” a non-profit hospital can qualify for a tax exemption if it: (1) provides an emergency room open to all persons, regardless of their ability to pay; (2) is willing to hire any qualified … The term “shall” clearly indicates that the manager of this partnership is required to abide by the community benefit standard. See Valdez v.

Ethel Mae Mathews, Etc. v. Jim Little, Clerk of the City of Atlanta, Georgia, Etc.

498 F.2d 1068 · Court of Appeals for the Fifth Circuit · Aug 19, 1974

With reference to the meaning of “reasonable alternative”, the Court said that “a candidate who establishes that he cannot pay the filing fee required for a place on the primary ballot may be required to demonstrate the ‘ … Panish was the Court’s vehicle for explication of principles clearly controlling our decision. Extended discussion of the other cases is thus rendered unnecessary. 3 . This development may suggest possible mootness.

Sylvester v. Cain

311 F. App'x 733 · Court of Appeals for the Fifth Circuit · Mar 11, 2009

Sylvester asserts that the district court erred in concluding that the moving defendants-appellees were entitled to qualified immunity with respect to Sylvester’s First Amendment claims. … Sylvester’s conclusional allegations are insufficient to defeat the defendants-appellees entitlement to qualified immunity. See Thompson v. City of Starkville, Miss., 901 F.3d 456, 469 n. 13 (5th Cir. 1990).

Hopkins v. Hosemann

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

Sovereign Immunity There is one final jurisdictional matter: Eleventh Amendment sover- eign immunity, which the Secretary contends bars Plaintiffs’ challenge to Section 241. … However, under the equitable excep- tion to Eleventh Amendment immunity established in Ex parte Young, 209 U.S. 123, 155–56 (1908), a plaintiff may bring suit for injunctive or declaratory relief against a state

Foster v. United States

256 F. 207 · Court of Appeals for the Fifth Circuit · Feb 27, 1919

His testimony established at least his character as a de facto officer. … The department treated such moneys as money order funds, and they clearly might be properly so treated, and this fixed their character as such.

Lopez v. Current Director of Texas Economic Development Commission

807 F.2d 430 · Court of Appeals for the Fifth Circuit · Jan 8, 1987

Shaw also inquired as to Alagna’s evaluation of Lopez for the new liaison position, and Alagna stated that he did not believe Lopez was qualified. … Lopez strenuously argues that the evidence establishes a systematic scheme of racial discrimination car *433 ried out by the defendants.

State Farm Life Insurance v. Swift

129 F.3d 792 · Court of Appeals for the Fifth Circuit · Dec 8, 1997

This plan allows the self-employed taxpayer to deduct certain contributions made to qualifying retirement plans from the taxpayer's annual tax return. … State Farm maintains that Swift's damages, if any, occurred at the moment his retirement plan failed to qualify as exempt.