Case law

Michael Otto, Sr. v. John R. Block, Secretary of Agriculture of the United States of America

693 F.2d 472 · Court of Appeals for the Fifth Circuit · Dec 13, 1982

“Substantial participation by the owner” may establish store policy. FNS Instruction 744-9 111(B)(4)(a). … Store policy is thus established by Otto’s participation.

United States v. Uvalde Consolidated Independent School District

625 F.2d 547 · Court of Appeals for the Fifth Circuit · Oct 9, 1980

Section 4(a) of the Act allows a covered jurisdiction to avoid its provisions by bringing a suit to establish that it has not discriminated in the past. 42 U.S.C. § 1973b. … Justice White felt that the evidence established discriminatory motivation and, therefore, a violation of the fourteenth and fifteenth amendments.

Jones v. Dretke

375 F.3d 352 · Court of Appeals for the Fifth Circuit · Jun 24, 2004

established federal law. … Conclusion For these reasons, the state court’s analysis of Jones’s claims was not objectively unreasonable in light of clearly established federal law.

Citizens for a Better Gretna v. City of Gretna, Louisiana

834 F.2d 496 · Court of Appeals for the Fifth Circuit · Dec 23, 1987

This qualifies Jones as a black preferred candidate. … We find evidence, beyond Jones performance in elections, that establishes a pattern of bloc voting.

Black v. Curb

422 F.2d 656 · Court of Appeals for the Fifth Circuit · Feb 6, 1970

However, the under-representation before the Court in Swain was only 10%. ‘ If a prima facie case of discrimination is made j)ut the state must explain the disparity or establish that the excluded persons are not qualified … The jury roll in Marengo County clearly fails to meet the standards prescribed in Turner v. Fouche, supra.

43 Fair empl.prac.cas. 1727, 43 Empl. Prac. Dec. P 37,177 Victoria A. Smith on Behalf of Herself and All Others Similarly Situated v. Texas Department of Water Resources

818 F.2d 363 · Court of Appeals for the Fifth Circuit · Jun 3, 1987

This demonstrates to me the clearly erroneous nature of the trial court's conclusion that "Ms. Smith failed to present any evidence establishing that her selection as the person to do the secretarial relief work in Mr. … The trial court's factual findings are clearly erroneous. Further, it erred in its application of the law.

Charles F. Zimmer, Stewart Marshall, Intervenor-Appellant v. John J. McKeithen

485 F.2d 1297 · Court of Appeals for the Fifth Circuit · Sep 12, 1973

Rather, it qualified its application of the majority of population standards on the grounds proffered by appellees, namely the size of the parish. . … The record establishes that the primary function of the juries is the drainage of rural farmlands, maintenance of rural roads, and the overseeing of a prison farm.

United States v. Russell J. Moore

505 F.2d 620 · Court of Appeals for the Fifth Circuit · Jan 24, 1975

Apollo may establish that a cautionary instruction must be given if properly requested; it clearly does not require an instruction where none is requested. As this Court has already held in United States v. … Moore’s counsel conceded at oral argument that the conspiracy was adequately established by independent evidence.

Jaco v. Garland

24 F.4th 395 · Court of Appeals for the Fifth Circuit · Oct 27, 2021

Jaco argues that she qualifies for membership in a “particular social group.” … Because A-R-C-G- is not clearly on point and did not overrule prior case law, we must 4 Our circuit has consistently refused to recognize particular social groups defined primarily by the persecution

Edward W. Dalheim v. Kdfw-Tv

918 F.2d 1220 · Court of Appeals for the Fifth Circuit · Dec 13, 1990

These are subject to reversal only if clearly erroneous. 18 Second, there are findings as to the five factors set out by the Supreme Court in United States v. … First, the evidence wholly fails to establish that the work of either directors or assignment editors is “directly related” to management policies or business operations, as required by § 541.2.

The Honorable Cliff Finch, Governor of the State of Mississippi v. Mississippi State Medical Association, Inc.

585 F.2d 765 · Court of Appeals for the Fifth Circuit · Dec 7, 1978

Howard, supra, clearly holds that there is no federal jurisdiction over pendent parties in a § 1983 suit, only pendent claims. … Eight (8) of the appointive members shall be regular qualified physicians of the state and members of the State Medical Association.

Martin v. Pittman

244 F. App'x 597 · Court of Appeals for the Fifth Circuit · Aug 9, 2007

In addition, each defendant asserted individual defenses: (1) Mills claimed sovereign immunity, absolute prosecutorial immunity, and qualified a detainer does not require the immediate presence … physical-injury requirement of the Prison Litigation Reform Act (“PLRA”); (2) Pittman claimed Eleventh Amendment sovereign immunity and qualified immunity; and (3) Gage and Rivera claimed qualified immunity; they also advanced

Walter Powers v. City of New Orleans

783 F.3d 570 · Court of Appeals for the Fifth Circuit · Apr 15, 2015

An NOPD officer may register with the office to perform paid detail work and, if the officer qualifies, he will be matched with an assignment based on a rotation system that takes into account the officer’s primary work schedule … There is no question that stemming police misconduct and improving the quality of policing benefits the entire citizenry of New Orleans and qualifies as a “significant and legitimate public purpose.”

Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven Mestemacher

354 F.3d 348 · Court of Appeals for the Fifth Circuit · Dec 17, 2003

Background, The Plan was established by Bombardier Aerospace to provide managed care services for its employees and their dependents. 1 Mestemacher was an employee of Bombardier Aerospace and a participant in the Plan. … (“Salomon”) furnished the plan with broker-dealer services at the direction of the fiduciaries, thus qualifying under § 3(14) as a “party in interest.” 18 During the relevant time, Salomon sold to the plan, through NISA,

Bell v. Herod

368 F. App'x 564 · Court of Appeals for the Fifth Circuit · Mar 4, 2010

immunity. … immunity.

Bankhead Enterprises, Inc., D/B/A Bankhead Railway Engineering, and Bankhead Railway Welding v. Norfolk and Western Railway Company

642 F.2d 802 · Court of Appeals for the Fifth Circuit · Apr 15, 1981

Appellee Norfolk and Western Railway is a Virginia corporation which has not qualified to do business in Georgia. … In this case Bankhead is not seeking to establish jurisdiction based upon the Georgia Long Arm Statute. 1 Rather, it maintains that the Norfolk and Western is “doing business” in Georgia and has agents that are amenable to

Loulseged v. Akzo Nobel Inc.

178 F.3d 731 · Court of Appeals for the Fifth Circuit · Jun 16, 1999

We proceed on the arguendo assumption 2 At oral argument, Akzo argued that Loulseged did not qualify as disabled under the ADA. … We need not address the question whether they would have been sufficient on their own to establish Akzo’s good faith participation in the interactive process, because Loulseged’s decision to quit deprived us of the chance

Southeastern Promotions, Ltd. v. City of West Palm Beach

457 F.2d 1016 · Court of Appeals for the Fifth Circuit · Apr 12, 1972

We think this position clearly untenable. … One of the unwritten criteria established by the manager is that the proposed production constitute “family entertainment.” And to Mr.

Robert Wayne Sawyer v. John Whitley, Warden, Louisiana State Penitentiary

945 F.2d 812 · Court of Appeals for the Fifth Circuit · Nov 14, 1991

We also dismiss these abusive claims because we find that Sawyer neither establishes cause and prejudice nor shows that he is actually innocent of his conviction or sentence. … Either or both of these defenses, if accepted by the jury, would qualify for this statutory mitigating circumstance. 20 . Sawyer submits seven affidavits to support his allegation that Shano was promised immunity.

International Brotherhood of Electrical Workers, AFL-CIO, Local Unions Nos. 605 & 985 v. Mississippi Power & Light Co.

442 F.3d 313 · Court of Appeals for the Fifth Circuit · Mar 2, 2006

After they were laid off, both Bridges and Riley attempted to bump into “Storekeeper” and “Plant Storekeeper” positions which were covered by the relevant provisions of the collective bargaining agreement.4 To qualify … DISCUSSION Ordinarily, this court reviews a district court’s legal conclusions de novo and its findings of fact under the clearly erroneous standard. See, e.g., Davis v.