Case law

Johnnie Pegues v. Morehouse Parish School Board

706 F.2d 735 · Court of Appeals for the Fifth Circuit · Jun 10, 1983

at bar is our mandate that dismissals and demotions may-not be premised on racial or ethnic considerations and, in instances of *739 dismissals or demotions accomplished pursuant to objective, nondiscriminatory criteria, qualified … Accordingly, it is clearly appropriate to look solely to the number of principals involved instead of the total number of personnel involved.”); Ayers v.

Sture v. Sigfred v. Pan American World Airways, Inc.

230 F.2d 13 · Court of Appeals for the Fifth Circuit · Feb 21, 1956

Medical examination later disclosed that he was unfit for further flight duty and on March 29, 1951, the company advised him that since there were no other available jobs for which he was qualified, he would be discharged … We perceive in this agreement, as construed by the arbitration board, a clearly understandable and helpful policy of the company.

United States Department of Education v. Gerhardt (In Re Gerhardt)

348 F.3d 89 · Court of Appeals for the Fifth Circuit · Oct 23, 2003

Under the second prong of the test, the district court correctly concluded that Gerhardt has not established persistent undue hardship entitling him to discharge his student loans. … Under the facts presented by Gerhardt, it is difficult to imagine a professional orchestra musician who would not qualify for an undue hardship discharge.

City of El Cenizo, Texas v. State of Texas

885 F.3d 332 · Court of Appeals for the Fifth Circuit · Mar 13, 2018

Section 1373 itself has not been immune from Tenth Amendment scrutiny. See City of New York v. … This provision’s qualifying language accentuates the overlap between “official” and “individual” speech that the state erroneously attempts to deny.

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 v. Brown

Court of Appeals for the Fifth Circuit · Aug 22, 2002

Brown has failed to show why the district court’s factual findings in this matter are clearly erroneous. … But, as Judge Jones has clearly established, even if we assume arguendo that the Government was not truthful or sufficiently forthcoming on the matter of Graham’s lack of trustworthiness and we set aside all

Lanasse v. Travelers Insurance

450 F.2d 580 · Court of Appeals for the Fifth Circuit · Oct 19, 1971

They are not clearly erroneous, and we accept them. … The District Court’s findings establish that the pallets were not in a position to interfere with the operations. . See Continental Oil Co. v. London Steam Ship Owners’ Mut. Ins.

Shannon Kohler v. Pat Englade

396 F. App'x 158 · Court of Appeals for the Fifth Circuit · Sep 29, 2010

We remanded this single claim, pretermitting the issue of qualified immunity because Johnson had 1 We have previously stated the facts in some detail, and by reference, incorporate that discussion. … The district court found that, due to the abject deficiency of the affidavit, Johnson was not entitled to qualified immunity.

Feds for Medical Freedom v. Biden

63 F.4th 366 · Court of Appeals for the Fifth Circuit · Mar 23, 2023

This language made a qualifying change in “duties or responsibilities” dependent on an individual employee’s position. … The President, as head of the federal executive workforce, has authority to establish the same immunization requirement that many private employers imposed to ensure workplace safety and prevent workplace disruptions

United States v. Trujillo

502 F.3d 353 · Court of Appeals for the Fifth Circuit · Oct 1, 2007

(b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that … proposed “no harm, no foul” gloss upon this guideline, under which a defendant would be free to provide materially false information without penalty so long as the probation officer is able to promptly establish

Thomas Henry Anderson v. American Airlines, Inc.

2 F.3d 590 · Court of Appeals for the Fifth Circuit · Nov 3, 1993

Employers then pay fixed amounts for each accident that occurs and receive immunity from most common law claims that arise out of these accidents. … To establish a claim under this act, the employee bears the initial burden of establishing a causal link between the adverse employment action that the employee has suffered and the workers’ compensation claim.

Warner v. Florida Bank & Trust Co.

160 F.2d 766 · Court of Appeals for the Fifth Circuit · Apr 10, 1947

The successor trustee filed an answer refusing to qualify as trustee and refusing to defend the trust. … The argument that the remaindermen, upon the refusal of the successor trustee to qualify, were called upon to defend and establish the validity of the trust, hence were entitled to have their attorney’s fees assessed against

The Poster Exchange, Inc. v. National Screen Service Corporation

456 F.2d 662 · Court of Appeals for the Fifth Circuit · Mar 7, 1972

As to it, res judicata was clearly not available. … In the light of antitrust policies against the grant of immunity for contemporary violations we “hold that significant actions (or non-actions) occurring subsequent to 1961, either alone or in combination with acts which

Travelers Ins. Co. v. Rowand

197 F.2d 283 · Court of Appeals for the Fifth Circuit · Jul 7, 1952

The appellant contends that the evidence is insufficient to support the verdict, because insufficient to establish a causal relationship between the alleged injury of June, 1947, and appellee’s cancer. … The circumstances of appellee’s traumatic injury in the course of his employment were clearly proven; the medical history of his case, his operation, hospitalization, and the expert testimony of four doctors who attended

McLaughlin v. Lindemann

853 F.2d 1307 · Court of Appeals for the Fifth Circuit · Sep 9, 1988

Moreover, the proof established no criminal conduct or fraud on the part of either Lindemann or Shanbaum. … It was the district court’s prerogative to accept the evaluations of the Secretary’s appraisers, and the district court’s findings, unless clearly erroneous, are binding on this Court.

United States v. Barlow

41 F.3d 935 · Court of Appeals for the Fifth Circuit · Dec 20, 1994

During that trial, Cynthia testified for the prosecution in exchange for the government's grant of immunity. … The record does not reflect that this factual finding was clearly erroneous. 25

United States v. Eugene Thompson

735 F.3d 291 · Court of Appeals for the Fifth Circuit · Nov 12, 2013

It is true that Haynes establishes only that no Supreme Court decision “clearly established” the rule advanced by Thompson. … Because AEDPA’s 20 limitation of “clearly established” Supreme Court precedent does not apply to our review on direct appeal, we could adopt the Haynes panel’s reasoning in the instant case.

Sam Hoover v. Dr. George J. Beto, Director, Texas Department of Corrections

467 F.2d 516 · Court of Appeals for the Fifth Circuit · Dec 18, 1972

In my mind Sellars’ confession was clearly prejudicial. … established that element of the offense charged.

Federal Deposit Insurance Corporation in Its Corporate Capacity as Liquidator of Lake Austin National Bank v. Lake Country National Bank

873 F.2d 79 · Court of Appeals for the Fifth Circuit · Jun 14, 1989

To qualify, the notice of dishonoring must be specific, precise, unequivocal, and certain, *82 and it must be delivered to a responsible person at the depositary bank. … As noted, the evidence establishes that Lake Country initiated no action to give LANB notice that the check would be returned unpaid.

Hullinghorst Industries, Inc. v. David E. Carroll, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor

650 F.2d 750 · Court of Appeals for the Fifth Circuit · Jul 16, 1981

Atlantic Richfield Co., supra, 580 F.2d at 844 (establishing alternative test of either time of injury or overall occupation). … It clearly bore a “realistically significant relationship to ‘traditional maritime activity involving navigation and commerce on navigable waters’ .. .. ” Odom Construction Co. v.