Case law

Smith v. Fletcher

559 F.2d 1014 · Court of Appeals for the Fifth Circuit · Sep 23, 1977

Carolyn Huntoon of NASA, assists in establishing sex discrimination. While Dr. … We find the court’s determination of the appropriate date not clearly erroneous.

Pennzoil Company v. Federal Energy Regulatory Commission

645 F.2d 360 · Court of Appeals for the Fifth Circuit · Aug 21, 1981

The fourth category — existing intrastate contracts — is clearly beyond FERC’s NGA contract interpretation jurisdiction. … Clearly, that relátes only to pipelines.

Jones v. Pillow

189 F. App'x 304 · Court of Appeals for the Fifth Circuit · Jun 22, 2006

Next Jones asserts the defendant officers were not entitled to qualified immunity for the entry, search, and arrest claims. … Likewise, we need not consider whether the officers have qualified immunity for the arrest claim because Jones has failed to show summary judgment was improper on the merits of that claim.

Byrd v. Heinrich Schmidt Reederei

688 F.2d 324 · Court of Appeals for the Fifth Circuit · Sep 22, 1982

Indeed, plaintiffs rested their case without an offer of proof on inflation, which clearly would have been the most appropriate way to preserve the Pen-rod question for appeal. … concerning inflation meets the requirement of Fed.R.Evid. 702: If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

United States v. Rudzavice

586 F.3d 310 · Court of Appeals for the Fifth Circuit · Oct 21, 2009

Rudzavice never challenged the sentence as unreasonable in the district court on this basis, and therefore we review for plain error only.27 To establish plain error, the appellant must show an error that is clear or obvious … materials satisfied the obscenity test under Miller were challenging their factual guilt, and therefore not “qualif[ied] for a sentencing credit under the rare circumstance where the defendant proceeds to trial but can still qualify

Boggs v. Boggs

89 F.3d 1169 · Court of Appeals for the Fifth Circuit · Jul 18, 1996

Thus ERISA's survivor annuity rules unquestionably established protection of spouses as the top priority under the statute. … The district court's first reason seems anachronistic at best, and clearly inapposite.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. J.M. HUBER CORPORATION, Defendant-Appellant

942 F.2d 930 · Court of Appeals for the Fifth Circuit · Sep 17, 1991

Consequently, that court looked to see if the employer had established that its policy was justified as a business necessity. … Clearly, Huber’s policy does not involve sex, national origin, or religion, and thus is not within the ambit of Section 703(e)(1).

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.

Dark v. Potter

293 F. App'x 254 · Court of Appeals for the Fifth Circuit · Aug 26, 2008

generally errs if it dismisses a pro se complaint for failure to state a claim under Rule 12(b)(6) without first giving the plaintiff an opportunity to amend.7 Such potential error is greatly ameliorated if the plaintiff has clearly … She pleads no facts regarding how she is otherwise qualified or implying that she was discriminated against due solely to her alleged disability.

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.

Harry Spence and Nancy Spence Fortner v. Omaha Indemnity Insurance Company

996 F.2d 793 · Court of Appeals for the Fifth Circuit · Aug 2, 1993

period governing actions to recover against WYO companies under SFIPs. 12 That limitation clearly bars the Spences’ contract claim. 13 *796 We reach a different conclusion, however, as to the timeliness of the Spences’ fraud … We decline to accept a reading of that provision immunizing WYO companies from liability for the tortious conduct of their agents. 3.

Houser v. Sears, Roebuck & Co.

627 F.2d 756 · Court of Appeals for the Fifth Circuit · Oct 10, 1980

In terms of Boeing and of the facts of this case, then, the jury verdict must be allowed to stand (and, consequently, the district court’s grant of judgment n. o. v. must be reversed) unless the facts point so clearly and … Discrimination In its order granting Sears’ motion for judgment notwithstanding the verdict, the *759 district court found that Houser had produced a prima facie case under the ADEA: Houser was terminated at age 54; 5 he was qualified

Aminta Flores, Cross-Appellants v. Edinburg Consolidated Independent School District, Cross-Appellees

741 F.2d 773 · Court of Appeals for the Fifth Circuit · Sep 17, 1984

Defendants were granted summary judgment before trial on the ground of sovereign immunity. Tex.Civ.Stat.Ann. art. 6252-19a (waiver of immunity in Texas Tort Claims Act does not apply to school districts). … Flores's woodshop teacher was also named as a defendant, but he was granted summary judgment by reason of qualified governmental immunity.

Jacob Blitzstein v. Ford Motor Company

288 F.2d 738 · Court of Appeals for the Fifth Circuit · Jun 8, 1961

corporation has carried on or transacted business in this state without qualifying to do business herein * * *.” … It maintains no office, warehouse or other business establishment in Alabama. It has no property in Alabama, no bank accounts in Alabama, et cetera.

Shelton v. Board of Supervisors of Southern University & Agricultural & Mechanical College

532 F. App'x 558 · Court of Appeals for the Fifth Circuit · Jun 26, 2013

Shelton’s support for this novel argument is the Supreme Court’s statement that because qualified immunity is “an immunity from suit rather than a mere defense to liability . . . it is effectively lost if a case is erroneously … Leaving aside that this argument is incorrect, Shelton’s qualified immunity argument is moot. The district court did not base its holding on any qualified immunity claims made by Defendants.

Vaughn v. Pool Offshore Co.

683 F.2d 922 · Court of Appeals for the Fifth Circuit · Aug 25, 1982

Finding that Vaughn failed to establish a prima facie case of employment discrimination under either statute, the district court entered judgment in favor of Pool. We affirm. … excessive or opprobrious level,” the court was persuaded that the evidence presented did not suggest “a malicious or inordinate racial slur usage that would result in defendant’s liability.” 3 These factual findings are not clearly

Waco International, Inc. v. KHK Scaffolding Houston Inc.

278 F.3d 523 · Court of Appeals for the Fifth Circuit · Jan 17, 2002

The district court clearly specified the purpose of Mr. … KHK admits that “less than twenty” invoices used the terms “Waco” or “Hi- Load” without a qualifier such as “style” or “compatible.”

Lakedreams, a Texas Partnership v. Steve Taylor, D/B/A California T's

932 F.2d 1103 · Court of Appeals for the Fifth Circuit · Jun 11, 1991

. § 1292 (a)(1). 8 An order denying a defendant’s motion to dismiss, however, does not qualify under any of the appeala-bility alternatives. Save the Bay, Inc. v. United States Army, 639 F.2d 1100, 1103 (5th Cir.1981). … CONCLUSION Lakedreams established each of the factors necessary to obtain a preliminary injunction. The district court’s order is therefore affirmed.

Christian S. Nielsen v. United States

976 F.2d 951 · Court of Appeals for the Fifth Circuit · Nov 9, 1992

The trial court’s factual findings were not clearly erroneous. … Certainly, the trial court did not commit legal error in utilizing such testimony to establish intent.

Placid Oil Company v. Federal Energy Regulatory Commission

666 F.2d 976 · Court of Appeals for the Fifth Circuit · Feb 4, 1982

Hunt argued that this circuit’s decision in Tenneeo had qualified our decision in Shell. … Placid/Hunt may not be penalized for having waited until the Commission had clearly rejected its position to bring this petition for review.