Case law

C.F. Dahlberg & Co., Inc., D/B/A St. Mary Galvanizing Corp., Plaintiff v. Chevron U.S.A., Inc.

836 F.2d 915 · Court of Appeals for the Fifth Circuit · Feb 3, 1988

Mary] clearly show delivery of the supplies to the contractors and the amount owed for them. The invoices identify for which leases these supplies were intended. … Mary Iron Works did not support the proposition that to qualify for a § 9:4861 lien the work had to be performed on the lease site. 3 . Gleason is distinguishable from the present case.

Texas v. Harris County Houston Ship Channel Nav. Dist.

158 F.2d 861 · Court of Appeals for the Fifth Circuit · Dec 17, 1946

The navigation district, or its successors, is hereby granted the right, power and authority to authorize, establish, construct, purchase, own, maintain, equip, regulate, operate and lease wharves, piers, docks, dry docks … Certain Parcels of Land, D.C., 51 F.Supp. 811 , upon which the State stands, are clearly distinguishable from the case we have here.” Suffolk County v.

Travis RIPLEY, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee

67 F.3d 552 · Court of Appeals for the Fifth Circuit · Oct 30, 1995

To prove disability resulting from pain, an individual must establish a medically determinable impairment that is capable of producing disabling pain. 16 Once a medical impairment is established, the subjective complaints … What the record does not clearly establish is the effect Ripley’s condition had on his ability to work. 27 The only evidence regarding Ripley’s ability to work came from Ripley’s own testimony. 28 Therefore, on remand, we

Progress Marine, Inc. v. Foremost Insurance Company, Grand Rapids, Michigan

642 F.2d 816 · Court of Appeals for the Fifth Circuit · Apr 15, 1981

Finally, Black’s defines “law” as: That which is laid down, ordained, or established. A rule or method according to which phenomena or actions co-exist or follow each other. … This “objective” and “subjective” inquiry which we deem appropriate in this case is akin to the dual inquiry as to the availability of “good faith” immunity in certain actions under 42 U.S.C. § 1983 . Cf. Wood v.

Musmeci v. Schwegmann Giant Super Markets, Inc.

332 F.3d 339 · Court of Appeals for the Fifth Circuit · Jun 13, 2003

The parties agree that SGSM established a “program.” … Title II amends provisions of the IRC and sets forth guidelines and standards governing t he establishment and operation of pension plans qualified for favorable tax treatment. Pub.

Waganer v. Sea-Land Service, Inc.

486 F.2d 955 · Court of Appeals for the Fifth Circuit · Nov 19, 1973

This circuit has applied this exception only when the repair contractor’s sole custody and control has been established. … If it did our review would be under the “clearly erroneous” doctrine of Rule 52(a), F.R.Civ.P. McAllister v. United States, 1954, 348 U.S. 19 , 75 S.Ct. 6 , 99 L.Ed. 20 .

Mary Juanita Sellers, Plaintiff-Appellant/cross-Appellee v. Delgado Community College and State of Louisiana, Defendants-Appellees/cross-Appellants

839 F.2d 1132 · Court of Appeals for the Fifth Circuit · Mar 18, 1988

The magistrate recognized that Sellers’ attorney, George Strickler, is a qualified and distinguished litigator with expertise in the field of employment discrimination. … Specifically, the magistrate cited what it be-Iieved to be Sellers’ continual attempts to seek jobs for which she was not qualified, her failure , to place advertisements, and to contact private agencies.

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

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

Jatoi was clearly not asserting the alleged discrimination was based on his birth in the nation of Pakistan. Dr. Jatoi considered Dr. Gandhi, who was born in India, to be a member of the same group. Dr. … Jatoi did not establish the McDonnell Douglas criteria. In particular they contend he did not show he was qualified for the position and did not show he was replaced by a nonminority.

United States v. Ronald Wayne Davis

792 F.2d 1299 · Court of Appeals for the Fifth Circuit · Apr 22, 1986

His “propensity” to do this was clearly admitted, undisputed, and fully proved. … That, too, is basic. 6 Nevertheless, we find that the error was clearly harmless.

Canady v. Bossier Parish School Board

240 F.3d 437 · Court of Appeals for the Fifth Circuit · Jan 23, 2001

The Supreme Court clearly thought it necessary to apply a higher standard of scrutiny to “personal expression that happens to occur on the school premises,” as opposed to First Amendment activity sponsored by the school … Appellants have not established that the uniform policy has interfered with their right to free exercise of religion. See Rogers v.

Gibson Products Co. Kell Blvd. v. United States

637 F.2d 1041 · Court of Appeals for the Fifth Circuit · Feb 23, 1981

present value at least equal to the amount of the indebtedness” along with “a reasonably predictable future value ... reasonably certain to remain at least equal to the amount of indebtedness,” and (2) *1049 “was relatively immune … provides in pertinent part: (a) CARVED-OUT PRODUCTION PAYMENT. — A production payment carved out of mineral property shall be treated, for purposes of this subtitle, as if it were a mortgage loan on the property, and shall not qualify

Daniel Morales-Cruz v. United States of America, Department of Justice, Immigration and Naturalization Service

666 F.2d 289 · Court of Appeals for the Fifth Circuit · Jan 25, 1982

Although the principles are clearly established, this Court has not passed upon whether the forgiveness feature is applicable if deportation is otherwise justified under § 212(a)(14) for failure to present a labor certificate … He obviously intended to work, and this is clearly within the statutory provision requiring entry “for the purpose of” working.

United States v. Jones

136 F.4th 272 · Court of Appeals for the Fifth Circuit · Apr 29, 2025

B (“[T]he Commission was . . . informed by existing legislation, including the congressionally established criteria for the statutory safety valve at 18 U.S.C. § 3553(f) . . . .”); see also Pulsifer v. … Wilkie, 588 U.S. 58(2019), did not clearly overrule Stinson v.

Kittie West Burns and Emma Searcy Burns Lennox v. The Louisiana Land & Exploration Co. And McMoran Production Co.

870 F.2d 1016 · Court of Appeals for the Fifth Circuit · Apr 25, 1989

This paragraph, therefore, qualifies any extensions of the lease. … As noted, this provision has no independent force; it merely qualifies or allows the application of extensions defined elsewhere in the lease.

United States v. Anderson

577 F.2d 258 · Court of Appeals for the Fifth Circuit · Jul 27, 1978

Both of these findings of fact are totally unsupported by the record and, therefore, we must reverse them as clearly erroneous under Fed.R. Civ.P. 52(a). … The Department cannot justify its failure to promote Williams by claiming that the white hired was the most highly qualified if another black applicant was better qualified. IY.

Amador Ramirez, Jr., Individually, as Administrator of the Estate of Ana Maria S. De Ramirez, Deceased v. Autobuses Blancos Flecha Roja, S.A. De C.V.

486 F.2d 493 · Court of Appeals for the Fifth Circuit · Nov 2, 1973

The operative language establishing the cause of action is phrased in the idiom of tort. 8 . 350 S.W.2d at 577 . … Although it appears that appellee relied upon an unauthenticated copy of the Mexican codes to establish dissimilarity, Garza is inapplicable to this Erie-based proceeding since F.R.Civ.P. 44.1 clearly and properly permits

Mary Ann Fyfe v. John Curlee, in His Official Capacity, and the Aberdeen Municipal Separate School District

902 F.2d 401 · Court of Appeals for the Fifth Circuit · Jun 5, 1990

. § 1983 , the plaintiff must allege that the defendant acted under color of state law to deprive her of a right, privilege, or immunity guaranteed by either the Constitution or laws of the United States. Maine v. … Fyfe was an employee-at-will, the school district clearly could not discharge Mrs.

Rost v. United States

Court of Appeals for the Fifth Circuit · Aug 11, 2022

The district court correctly found that Enelre qualifies as a foreign trust. … As the district court explained, “Rost’s argument is based on the faulty premise that the IRS established a ‘rule’ that a Stiftung always qualifies as a ‘foreign trust.’” Rost, 2021 WL 5190875, at *8.

Ray Baillie Trash Hauling, Inc. v. Thomas S. Kleppe, Administrator, Small Business Administration

477 F.2d 696 · Court of Appeals for the Fifth Circuit · Jun 18, 1973

They qualify as small business concerns under both the Small Business Act, 15 U.S.C. § 631 et seq., 1 and the applicable regulations of the Small Business Administration. … In 1953, Congress established the Smali Business Administration as the peacetime *707 successor to the SDPA.

Theriot v. Bay Drilling Corp.

783 F.2d 527 · Court of Appeals for the Fifth Circuit · Feb 20, 1986

Theriot argues that the admitted invoices and delivery tickets were hearsay and not properly qualified to be admitted under Federal Rules of Evidence, Rule 803(6). … “Long-established general principles of interpreting indemnity agreements require that indemnification for an indemnitee’s own negligence be clearly and unequivocally expressed.” Seal Offshore, Inc. v.