Case law

18 Fair empl.prac.cas. 1407, 14 Empl. Prac. Dec. P 7767 Henry B. Ayers v. Western Line Consolidated School District v. Ms. Bessie B. Givhan, Plaintiffs-Intervenors

555 F.2d 1309 · Court of Appeals for the Fifth Circuit · Jul 18, 1977

That finding is not clearly erroneous. … That finding is not clearly erroneous.

David Allen Purkey, by Next Friend, D. A. Purkey v. Sears, Roebuck & Company

220 F.2d 700 · Court of Appeals for the Fifth Circuit · Mar 30, 1955

However, McMillan was a mechanic, having been so trained in the Army, and he never consulted the booklet, considering himself qualified to operate and maintain the mower on his own. … Tragic as the accident was, we must hold that the appellant failed to produce any evidence to establish actionable negligence on the part of appellee. 2 Affirmed. 1 . Smith v.

Diane Zamora v. William Stephens, Director

Court of Appeals for the Fifth Circuit · Jul 23, 2018

The defendants moved for summary judgment and asserted their right to qualified immunity. The district court entered a memorandum order and judgment granting the motion for summary judgment. … Zamora had the burden of rebutting the defendants’ qualified-immunity defense by establishing a genuine fact issue as to the question whether the defendants’ allegedly wrongful conduct violated a clearly established constitutional

Bortherhood of Locomotive Firemen and Enginemen v. Southern Pacific Company (Texas and Louisiana Lines), Brotherhood of Locomotive Engineers, Party

447 F.2d 1127 · Court of Appeals for the Fifth Circuit · Aug 30, 1971

Since openings in the engineering ranks are not normally available, employees who are newly qualified as engineers continue to work as firemen until the demand for active engineers has reached far enough down the seniority … To this end the Act establishes three status quo provisions, each covering a different stage of the major dispute settlement procedures.

United States v. Paul E. Davis

752 F.2d 963 · Court of Appeals for the Fifth Circuit · Jan 25, 1985

His actual status as a government witness with immunity from prosecution is irrelevant. … Dillard also entered into an agreement with the government wherein he agreed to testify against Davis in exchange for immunity from prosecution based on these same transactions. 2 .

Linstroth Wagon Co. v. Ballew

149 F. 960 · Court of Appeals for the Fifth Circuit · Jan 9, 1907

That case, therefore, can hardly be considered or, read so as to qualify the opinion in Bardes v. Bank. … It did not seek to acquire or fix a lien by the levy of its writs of sequestra - tion, or by the recovery of a judgment, hut to establish its rights to the specific property and recover, lawfully, the possession of it.

United States v. Joshua Mazique Burton Quinton B. Carr

126 F.3d 666 · Court of Appeals for the Fifth Circuit · Oct 17, 1997

He testified for the Government under a grant of both state and federal immunity. … In any case, the district court’s finding that Joshua did make threats during the robbery is not clearly erroneous. 22 .

Sweatman v. Commercial Union Insurance

39 F.3d 594 · Court of Appeals for the Fifth Circuit · Dec 8, 1994

Having the benefit of prior judicial review, however, we will not upset the district court's factual determinations unless they are clearly erroneous." … Blendonhy and Dwyer were not qualified to make this limited determination. 20

United States v. Ada Belle Winthrop, Individually and as Under the Will of Guy L. Winthrop, Deceased

417 F.2d 905 · Court of Appeals for the Fifth Circuit · Oct 22, 1969

To contend that reasonable expenditures and efforts, in such necessary undertakings are not entitled to capital gains treatment is to reject entirely the established principle that a person holding lands under such circumstances … While Winthrop probably would not have qualified as the salesman of the year in any of the years in controversy in Tallahassee and its environs, the sales were routine and ordinary, not a result of an abandoned activity on

United States Ex Rel. Alvarez Y Flores v. Savoretti

205 F.2d 544 · Court of Appeals for the Fifth Circuit · Jun 26, 1953

At the adjourned hearing he was represented by counsel and had his wife present with him but made no effort to disclaim, explain or qualify his previous testimony and admission, though he was given every opportunity to do … (b) The alien shall establish that he has fulfilled, and agree that he will continue to fulfill, all applicable conditions of admission prescribed by § 119.3 * * To obtain the extension it was necessary that appellant conceal

Doe Ex Rel. Doe v. Hillsboro Independent School District

113 F.3d 1412 · Court of Appeals for the Fifth Circuit · Jun 16, 1997

This appeal of the district court’s *1414 denial of qualified immunity followed. 1 A divided panel of this court affirmed. We took the case en banc and now reverse. … School Dist., 996 F.2d 745 , 760-62 (5th Cir.1993) (finding the evidence insufficient to establish .deliberate indifference where a school district failed to terminate a teacher with a history of abusing students sexually

Wilen Manufacturing Co., Inc. v. The Standard Products Company

409 F.2d 56 · Court of Appeals for the Fifth Circuit · Mar 28, 1969

The trial court granted the defendant’s motion to dismiss the complaint for lack of personal jurisdiction, holding that service of process on the defendant in Ohio was insufficient because the Georgia long-arm statute establishing … International Life Insurance Co., 355 U.S. 220, 223 , 78 S.Ct. 199, 201 , 2 L.Ed.2d 223, 226 (1957): Looking back over this long history of litigation a trend is clearly discernible toward expanding the permissible scope

Jennings v. Towers Watson

11 F.4th 335 · Court of Appeals for the Fifth Circuit · Aug 25, 2021

and failure-to-accommodate claims on the following factual allegations: “After Jennings was seriously injured in the employer’s parking lot on her way back to work no responsible employee seriously addressed her clearly … To make a prima facie case of disability discrimination under the ADA, Jennings must establish that “(1) [she] has a disability or was regarded as disabled, (2) [she] was qualified for the job, and (3) [she] was

18 Fair empl.prac.cas. 536, 18 Empl. Prac. Dec. P 8674 Allen Claiborne, on Behalf of Themselves and All Other Persons Similarly Situated, Cross-Appellants v. Illinois Central Railroad, Cross-Appellees

583 F.2d 143 · Court of Appeals for the Fifth Circuit · Nov 2, 1978

Based on the railroad's treatment of whites, that is, the creation of a carman's slot for every qualified white person, the "rightful place" of each black employee was to be a carman on the day he became fully qualified. … This interpretation by the trial court accurately reflects the "rightful place" principle, and is based on factual conclusions that are not clearly erroneous. 19 We said in Watkins v.

Davison-Paxon Company, Division of R. H. MacY & Company, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

462 F.2d 364 · Court of Appeals for the Fifth Circuit · Jun 14, 1972

We find Eckerd’s Market to be clearly distinguishable from the instant case. … The testimony of all witnesses clearly established that Davi-son’s is, and always has been, concerned about the appearance of its employees before its customers and has always insisted that its sales personnel appear in businesslike

Read v. United States Ex Rel. Department of Treasury

169 F.3d 243 · Court of Appeals for the Fifth Circuit · Mar 9, 1999

Constitution of the State of Louisiana of 1974 The last sentence of section 5(B) of Article XII of Louisiana’s current constitution continues the pre-existing authorization for enactment of laws establishing trusts … The judicial assertion of claims by Patricia and the government clearly qualify as such.

Donald D. Millet v. Richard S. Schweiker, Secretary of Health and Human Services

662 F.2d 1199 · Court of Appeals for the Fifth Circuit · Dec 7, 1981

“Substantial evidence is more than a scintilla, and must do more than create a suspicion of the existence of the fact to be established. … His letter of October 8, 1978, clearly indicated that he did not think claimant had a severe psychiatric or psychological impairment.” R. vol. II at 27. This latter finding appears inconsistent with Dr.

United States v. Greenleaf

546 F.2d 123 · Court of Appeals for the Fifth Circuit · Jan 28, 1977

The facts in this case establish that the Greenleaf/Telesca partnership is an organized entity apart from its members. … Greenleaf’s argument that the summons is overbroad and seeks irrelevant items cannot surmount the obstacle created by the clearly-erroneous test.

John William Phillips and Jacqueline Phillips, for Themselves and All Others Similarly Situated v. Mary Helen Andress

634 F.2d 947 · Court of Appeals for the Fifth Circuit · Jan 22, 1981

The Alabama Code, § 16-8-1 (1977), provides that members of county boards of education “shall be elected by the qualified electors of the county.” … We do not decide that any of the lower court’s findings of fact are “clearly erroneous,” but we do arrive at a different conclusion from those facts.

Tyler v. Union Oil Co. of California

304 F.3d 379 · Court of Appeals for the Fifth Circuit · Sep 16, 2002

less qualified that Burkett. … These plaintiffs have obtained “at least some relief on the merits” and thus qualify as prevailing parties.