Case law

9 O.S.H. Cas.(bna) 1563, 9 O.S.H. Cas.(bna) 2043, 1981 O.S.H.D. (Cch) P 25,317 Cleveland Consolidated, Inc. v. Occupational Safety and Health Review Commission and Raymond J. Donovan, Secretary of Labor

649 F.2d 1160 · Court of Appeals for the Fifth Circuit · Jul 9, 1981

After the Secretary establishes a prima facie case, the "employer may affirmatively defend by establishing that it is impossible to erect safety nets, that safety nets would make performance of the work impossible or result … indeed very well qualified to testify as to alternative methods of construction.

United States v. Jennifer Panos

Court of Appeals for the Fifth Circuit · Dec 21, 2015

“A factual finding is not clearly erroneous if it is plausible in light of the record as a whole.” United States v. Alaniz, 726 F.3d 586, 618 (5th Cir. 2013). … More than one person involved in a conspiracy can qualify as a leader or organizer for purposes of the enhancement, and a defendant’s role can be inferred from available facts. United States v.

Patton-Tully Transportation Company v. Ratliff

797 F.2d 206 · Court of Appeals for the Fifth Circuit · Sep 9, 1986

Rather than holding a new trial, the parties submitted the case for decision on the existing record, with a stipulation to add further testimony by an economist earlier qualified as an expert for the plaintiff. … These findings of fact were not clearly erroneous.

Willie George Reese v. Louie L. Wainwright

600 F.2d 1085 · Court of Appeals for the Fifth Circuit · Sep 6, 1979

In his habeas petition Reese claims that Florida failed to meet is burden of establishing that he was legally sane during the robbery. … Even then, the court ordered an examination of Reese by a disinterested qualified psychiatrist before commencing trial.

Voting Integrity Project, Inc. v. Bomer

199 F.3d 773 · Court of Appeals for the Fifth Circuit · Jan 28, 2000

to resolve this case to say that a contested selection of candidates for a congressional office that is concluded as a matter of law before the federal election day . . . clearly … Rev. 1261, 1261-62 (1985); yet Congress has taken no action to curb this established practice.

Hobart Brothers Company v. Malcolm T. Gilliland, Inc.

471 F.2d 894 · Court of Appeals for the Fifth Circuit · Feb 26, 1973

Clearly, a territorial restraint is not effective unless in some way its violation can be deterred. … Hobart claims that the District Court committed three errors which made the charge clearly erroneous.

Kelly v. Boeing Petroleum Services, Inc.

61 F.3d 350 · Court of Appeals for the Fifth Circuit · Aug 7, 1995

Kelly alleged in his suit against BPS that he qualified as a handicapped person under La. Rev. … Clearly we must. 2. Purpose We apply the plain language of a statute unless "literal 36 Compare La. Rev.

Ellert v. University of Texas, at Dallas

52 F.3d 543 · Court of Appeals for the Fifth Circuit · May 18, 1995

City of Dallas, 997 F.2d 62, 66 (5th Cir.1993). 8 The one incident involving arguably sexual advances by the Dean is clearly time-barred. 42 U.S.C. § 2000e-5(d) requires that in order to preserve a claim, a plaintiff … submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified

Scott Hudgens, an Individual, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

501 F.2d 161 · Court of Appeals for the Fifth Circuit · Sep 25, 1974

Additionally, acceptance of the strict relationship requirement urged upon us by amicus would mean that “businesses situated in the suburbs could largely immunize themselves from criticism [in many circumstances] by creating … Clearly, a union does not have an absolute right to picket at every point of optimum effect regardless of its result upon other competing interests.

R. M. Allen, Trustee of the Estate of Marvin P. Lovorn, Bankrupt v. R. A. Watkins

234 F.2d 925 · Court of Appeals for the Fifth Circuit · Aug 23, 1956

On November 30, 1954, Lovorn was adjudicated a bankrupt and on December 11th, Allen was appointed Trustee, qualifying on December 14 th. … We find nothing in the record indicating that the findings of the Referee and District Court as to the absence of fraud were clearly erroneous.

William M. Reese and Catholeen Reese v. Commissioner of Internal Revenue

615 F.2d 226 · Court of Appeals for the Fifth Circuit · Apr 8, 1980

Taxpayers thus contend that the Tax Court clearly erred 5 in finding that Reese did “no more” than finance the project. … The project was clearly an isolated, non-recurring venture.

Rolando Serna v. Law Office of Joseph Onwuteaka, e

614 F. App'x 146 · Court of Appeals for the Fifth Circuit · Jun 5, 2015

immunity; (6) “lack of intent and/or bona fide error on the part of defendants”; (7) res judicata; and (8) “the doctrine of waiver.” … Onwuteaka makes no attempt to argue that the no-surprise-or-prejudice finding was clearly erroneous, see O’Neill v.

United States v. Johnson

246 F.3d 749 · Court of Appeals for the Fifth Circuit · Apr 2, 2001

4 Johnson did not file a petition for certiorari. 4  In Jones the Supreme Court held that “an owner-occupied residence not used for any commercial purpose does not qualify … The Court likewise invoked the rule of “‘lenity’” in the construction of criminal statutes and also the rule that “‘unless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state

Liberty Mutual Insurance v. Graham

473 F.3d 596 · Court of Appeals for the Fifth Circuit · Dec 21, 2006

(citation omitted). 10 • Eagle had receipts clearly indicative of the use of Graham's company vehicle for personal use The complaint also describes Graham’s personal pursuit … Further, because we are persuaded that a genuine issue of material fact exists as to whether Graham qualifies as an insured under the policy, we REVERSE the grant of summary judgment finding Liberty

Charla Aldous, P.C. v. Darwin National Assu

851 F.3d 473 · Court of Appeals for the Fifth Circuit · Mar 16, 2017

Only “reasonable” expenses qualify, however, and “[t]he determination by the insurer as to the reasonableness of Claim Expenses shall be conclusive on all Insureds.” … As Aldous argues, under the circumstances, reading the Policy to effectively immunize Darwin from breach of contract claims would render the contract illusory. See Evanston Ins. Co. v.

Gordon Justice, Jr. v. Delbert Hosemann, et

771 F.3d 285 · Court of Appeals for the Fifth Circuit · Nov 14, 2014

To even qualify for the ballot, a petition proposing an initiative must be signed by a number of qualified electors equal to at least 12% of the number of votes cast for all candidates for governor in the most recent gubernatorial … See Scott Keller & Misha Tseytlin, Applying Constitutional Decision Rules 6 The “traceability” and “redressability” elements of the standing requirements are uncontested and clearly met on these facts.

United States v. Humphrey

7 F.3d 1186 · Court of Appeals for the Fifth Circuit · Nov 12, 1993

If appealed, we will review the district court's finding under the "clearly erroneous" standard of 28 U.S.C. § 3742(e). III. … The material was later identified by a qualified chemist as cocaine base, however, rendering any error made by the court harmless.

Lewis v. Bank of America NA

343 F.3d 540 · Court of Appeals for the Fifth Circuit · Sep 2, 2003

Relevant statutory objectives include establishing uniform national safeguards “with respect to the establishment, operation, and administration of [employee benefit] plans,” 29 U.S.C. 1001(a), and “establishing standards … Congress clearly did not intend to broadly immunize non-fiduciary parties such as the Bank from liability under traditional state law contract and tort causes of action.

Charlie Corley and Levaughn Carter, Individually, Etc. v. Jackson Police Department, Etc., R.D. Thaggard, Applicants for Intervention-Appellants

755 F.2d 1207 · Court of Appeals for the Fifth Circuit · Mar 29, 1985

Paragraph 5 of the decree established a race-conscious promotion procedure: In making promotions to supervisory positions and to the ranks above patrolman in the Jackson Police Department, defendants shall establish separate … To permit this collateral challenge “would clearly violate the policy under Title VII to promote settlement ...

Endeavor Marine, Inc. v. Crane Operators, Inc.

234 F.3d 287 · Court of Appeals for the Fifth Circuit · Dec 11, 2000

With respect to the second prong of Chandris , as previously noted, it is undisputed that the FRANK L qualifies as a “vessel in navigation.” … This assertion, however, is contrary to clearly established law. In British Transport Comm’n v.