Case law

Estate of Frank D. Streightoff v. CIR

954 F.3d 713 · Court of Appeals for the Fifth Circuit · Mar 31, 2020

Section 9.7 does not qualify the type of consent necessary for this provision, e.g. written. … The SILP Agreement uses consent and approval interchangeably, and the words are only distinguished with the qualifier “written.” 4,5 Given such qualifying language is absent in Section 9.7(a), Streightoff Management’s managing

William Wiley v. Christopher Epps, Commissioner

Court of Appeals for the Fifth Circuit · Nov 17, 2010

established federal law. … Because the Tennessee courts unreasonably applied federal law clearly established by Ford, this Court does not afford AEDPA deference to their dismissal of Thompson’s petition.”).

Elmira Preston Howard Preston Rose Lefrance Preston Sheryl Preston Deborah Mazie v. Tenet Healthsystem Memorial Medical Center, Inc., Doing Business as Memorial Medical Center v. Lifecare Hospital of New Orleans Llc, Doing Business as Lifecare Hospital Lifecare Management Services, L.L.C., Cheryl Weems, Individually and on Behalf of Her Deceased Mother, Veola Mosby, and on Behalf of All Others Similarly Situated v. Touro Infirmary, Shono, Inc., Doing Business as Specialty Hospital of New Orleans

485 F.3d 804 · Court of Appeals for the Fifth Circuit · Apr 25, 2007

A party's residence alone does not establish domicile. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir.1974). We now turn to the evidence establishing intent, the second element of citizenship. 47 b. … We do not find the district court's findings of fact clearly erroneous. 55 c.

Myers v. Pennzoil Co.

889 F.2d 1457 · Court of Appeals for the Fifth Circuit · Dec 12, 1989

The record establishes that satisfactory evidence was presented to support a finding of strict liability on the defendant manufacturer. … Plainly, the employer is immune from tort liability. See Weber v. Caterpillar Machinery Corp., 542 So.2d 544 (La.App. 5th Cir.1989); Snyder v. Taylor, 523 So.2d 1348, 1355 (La.App.2d Cir.1988); Senez v.

Eugene Cadena v. Daniel Scott

Court of Appeals for the Fifth Circuit · Mar 29, 2018

II We review a district court’s grant of summary judgment de novo. 1 When a party moving for summary judgment asserts qualified immunity, the non- movant has the burden to rebut qualified immunity 2 by “establish[ing … from suit under the doctrine of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 6 To make out a Fourth

Ward A. Seeley v. Brotherhood of Painters, Decorators and Paper Hangers of America

308 F.2d 52 · Court of Appeals for the Fifth Circuit · Oct 11, 1962

The federal questions presented’ in the first through fifth claims herein are substantial, and if such federal grounds are not established on a. trial of this ease, the court may retain and dispose of this case upon the ground … Clearly, neither the National Labor Relations Board, nor the Circuit Court of Choctaw County, Alabama, is “a court of the United States.” 2 We conclude that neither subsection (2) nor subsection (3) of section 1985 operates

Ian Smalley v. John Ashcroft, Attorney General

354 F.3d 332 · Court of Appeals for the Fifth Circuit · Dec 15, 2003

The IJ next addressed whether Smalley qualified for an adjustment of status. … In addition, because of the great toll that drugs have exacted from our society, Smalley’s agreement to conceal drug money was clearly “contrary to the accepted rules of morality.” The .

Karl Rove & Company v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, and Raymond P. Dimuzio, Defendant-Cross-Appellee

39 F.3d 1273 · Court of Appeals for the Fifth Circuit · Nov 30, 1994

Senate race and establishment of a principal campaign committee. … The RNC perceives these policy concerns to be somewhat analogous to those that prompted the development of the doctrine of official immunity and thus asks us to look by analogy to immunity jurisprudence in fashioning a federal

Addie Holmes v. Atlantic Sounding Company, Inc. Weeks Marine Inc. Abc Insurance Co. Xyz Insurance Co., Addie Holmes v. Atlantic Sounding Company, Inc. Abc Insurance Co., Inc.

437 F.3d 441 · Court of Appeals for the Fifth Circuit · Jan 19, 2006

The magistrate judge concluded that (1) the BT-213 is not a vessel for purposes of the Jones Act, (2) Holmes could not establish any possibility of recovery under the Jones Act, and (3) as diversity jurisdiction existed, … employed the foregoing language to confirm that there still exist limits on a potential plaintiff's seaman status under the Jones Act. 34 As Stewart 's definition of "vessel" applies equally to the Jones Act and the LHWCA, § 3 clearly

7 Fair empl.prac.cas. 627, 7 Empl. Prac. Dec. P 9233 R. L. Johnson, Plaintiff-Appellant-Cross v. The Goodyear Tire & Rubber Company, Synthetic Rubber Plant, Defendants-Appellees-Cross International Union of Operating Engineers, Afl-Cio, Local Union No. 347, Defendant-Appellee-Cross International Union of Operating Engineers, Afl-Cio, Local Union No. 347, Plaintiff-Cross v. The Goodyear Tire & Rubber Company, Houston Chemical Plant, Defendant-Appellee-Cross

491 F.2d 1364 · Court of Appeals for the Fifth Circuit · Mar 27, 1974

It is obvious to us that where employment discrimination has been clearly demonstrated, employees who have been victims of that discrimination must be compensated if financial loss can be established. … Southern Bell Telephone & Telegraph Company. 39 LeBlanc is clearly distinguishable factually from the instant case.

United States v. Jorge Antonio Zimeri-Safie

585 F.2d 1318 · Court of Appeals for the Fifth Circuit · Dec 11, 1978

Proof that Beechum possessed two credit cards which were issued to patrons on his mail route was clearly prejudicial. … These other acts, making it appear that Zimeri had taken steps to acquire false identification, were clearly prejudicial.

G.M. Trading Corp. v. Commissioner

121 F.3d 977 · Court of Appeals for the Fifth Circuit · Sep 23, 1997

This portion was compensation for a specific, quantifiable service and does not qualify as a nontaxable contribution to capital. … According to the plain terms of the statute, anything that qualifies as a contribution to capital is nontaxable.

United States v. Cisneros

194 F.3d 626 · Court of Appeals for the Fifth Circuit · Oct 28, 1999

By setting out the causation requirement this clearly, the court established that use of such a facility would have to be the result of Cisneros’s actions, and therefore in the commission of the offense charged. … Riccardelli, 794 F.2d 829, 830-34 (2d Cir.1986)(any use of the mails qualifies); Krantz v. United States, 1999 WL 557524 at *3-7 (E.D.N.Y.1999)(any use of mails qualifies); United States v.

Rudy Vallado v. Mrs. Segovia

547 F. App'x 396 · Court of Appeals for the Fifth Circuit · Apr 22, 2013

The magistrate judge determined that Mendez was entitled to qualified immunity. * Pursuant to 5TH CIR. … Vallado has failed to show “conduct that would clearly evince a wanton disregard for any serious medical needs.” See Johnson v. Treen, 759 F.2d 1236, 1238 (5th Cir. 1985).

70 Fair empl.prac.cas. (Bna) 923, 44 Fed. R. Evid. Serv. 414 Philip J. Haun, Cross v. Ideal Industries, Inc., Cross

81 F.3d 541 · Court of Appeals for the Fifth Circuit · Apr 11, 1996

The most qualified applicant was a man in his fifties, who Ottaviano called “the best guy we’ve seen so far.” … There were clearly two sides to this case.” Wilson, 939 F.2d at 1146. The jury believed Haun and his evidence; it did not believe Ideal.

Andrews & Kurth L.L.P. v. Family Snacks, Inc. (In Re Pro-Snax Distributors, Inc.)

157 F.3d 414 · Court of Appeals for the Fifth Circuit · Oct 20, 1998

The Petitioning Creditors claim that in combination these two provisions allow compensation to an individual debtor’s attorney in a Chapter 12 or 13 case for “actual, necessary services;” establish that the word “attorney … established and uniform; and/or (3) that the legislative history of the 1994 amendments indicates a congressional desire that pre-1994 practice with respect to § 330 be “brought forward.”

Weir v. Federal Asset Disposition Ass'n

123 F.3d 281 · Court of Appeals for the Fifth Circuit · Sep 25, 1997

Schlumberger Tech., Inc., 944 F.2d 26, 31 (1st Cir.1991) ("Federal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA. … Under the second definition, the FDIC is clearly a Successor to FADA; upon passage of FIRREA, the FDIC had authority to appoint all of FADA's directors.

Carlisle v. McNair

Court of Appeals for the Fifth Circuit · May 10, 2023

The district court concluded that McNair was entitled to qualified immunity, dismissing “all § 1983 claims for damages against McNair” with prejudice. … Appellants do not challenge the district court’s determination that McNair retained qualified immunity, which bars relief on the deliberate indifference claim.

Yul Chu v. Mississippi State University

592 F. App'x 260 · Court of Appeals for the Fifth Circuit · Nov 17, 2014

“To establish a prima facie case in the context of a denial of tenure, the plaintiff must show that: (1) he belongs to a protected group, (2) he was qualified for tenure, and (3) he was denied tenure in circum- stances permitting … immunity.”

Vinson & Elkins, J. Evans Attwell, Tax Matters Partner v. Commissioner of Internal Revenue

7 F.3d 1235 · Court of Appeals for the Fifth Circuit · Nov 29, 1993

Commencing in 1984, V & E established individual defined benefit pension plans (IDBs) for many of its partners. … Its factual findings are not clearly erroneous. 5 AFFIRMED. 1 .