Case law

Hess Shipping Corporation v. The Ss Charles Lykes, in Rem, and Lykes Bros. Steamship Co., Inc., Lykes Bros. Steamship Co., Inc. v. Hess Shipping Corporation and the St Hess Voyager, in Rem

417 F.2d 346 · Court of Appeals for the Fifth Circuit · Oct 10, 1969

Here the evidence clearly indicates that the Hess Voyager at all times knew the position of the Charles Lykes. … Magnifying these qualifiers the decision obliterates the two mandatory imperatives of Rule 16 — (1) moderate speed and (2) stopping engines.

Michael Nalls v. Annette Lasalle

568 F. App'x 303 · Court of Appeals for the Fifth Circuit · May 16, 2014

Breaux argued prescription, that Nalls had failed to state any cognizable federal or state claims, and that she was entitled to qualified immunity. The district court granted Breaux’s motion on August 1, 2013. … The court transcript repeatedly establishes that the court, “to be really cautious,” did not even factor his failure to show on that day in the determination of contempt.

Verona Deloach Downs v. J. M. Huber Corporation

580 F.2d 794 · Court of Appeals for the Fifth Circuit · Sep 21, 1978

The court clearly intended by its holding to establish negligence as the standard for future trials of land occupier cases. … Southcrest Baptist Church, 399 S.W.2d 530 (Tex.1966) (charitable immunity). Had the Texas court intended only prospective application for Parker we believe this intention would have been made explicit.

Mrs. Tobie Brantley v. M.F. Surles, Superintendent of Education, Montgomery County

718 F.2d 1354 · Court of Appeals for the Fifth Circuit · Nov 10, 1983

. § 1983 , the plaintiff must allege that the defendant acted under color of state law to deprive *1358 her of a right, privilege, or immunity guaranteed by either the Constitution or laws of the United States. Maine v. … Madison County Bd. of Educ., 476 F.2d 676 (5th Cir.1973), it is well established that they may not do so for a reason which infringes “constitutionally protected, interests.” Perry v.

American Ass'n of Councils of Medical Staffs of Private Hospitals, Inc. v. Califano

575 F.2d 1367 · Court of Appeals for the Fifth Circuit · Jul 7, 1978

To avoid that, the Act requires that each hospital or skilled nursing facility must have in effect a “utilization review plan” to qualify as a provider. 42 U.S.C. § 1395x(e)(6), (j)(8). … Congress could refuse to waive sovereign immunity at all, and deny all litigants against the United States any remedies.

B., Inc. v. Miller Brewing Company

663 F.2d 545 · Court of Appeals for the Fifth Circuit · Dec 10, 1981

In order to establish that an in-state defendant has been fraudulently joined, the removing party must show either that there is no possibility that the plaintiff would be able to establish a cause of action against the in-state … This code section clearly states that “diversity” actions are removable ”... only if none of the parties in interest properly joined and served as defendants is a citizen of the state in which such action is brought.” 4 .

Southeastern Minerals, Inc. And Marshall Minerals, Inc. v. Patricia Roberts Harris, as Secretary of Health and Human Services

622 F.2d 758 · Court of Appeals for the Fifth Circuit · Jul 30, 1980

The Commissioner is prohibited by statute from establishing a food additive regulation if a fair evaluation of the data “fails to establish that the proposed use of the food additive, under the conditions of use specified … Very clearly, these people do have the right to conduct reasonable inspections at reasonable times and reasonable places. 13 .

Frank J. Robinson v. Commissioners Court, Anderson County, and the Honorable N. R. Link, County Judge, Anderson County, Texas

505 F.2d 674 · Court of Appeals for the Fifth Circuit · Dec 23, 1974

Sims, supra, and secondarily to equalize rural road mileage among precincts. 6 It is clear, however, that the mere fact that an apportionment plan may satisfy some legitimate governmental goals does not automatically immunize … To the contrary, as the Supreme Court established in Reynolds v.

Texas Department of Housing and Community Affairs, F/k/a Texas Housing Agency v. Verex Assurance, Inc., Verex Assurance, Inc.

68 F.3d 922 · Court of Appeals for the Fifth Circuit · Dec 19, 1995

These findings show the failure of conditions precedent, and we cannot say that they are clearly erroneous. … Finding no support in the record, we agree with THA that this finding must be deemed clearly erroneous.

Total E & P USA, Inc. v. Kerr-McGee Oil & Gas Corp.

719 F.3d 424 · Court of Appeals for the Fifth Circuit · Jun 20, 2013

The footnote clearly stipulates that the lease’s provisions for payment of royalties are superseded by the DWRRA if the lease is eligible for royalty suspension, thus qualifying the lessee’s contractual duty to make royalty … “Even if the language utilized is clear and unambiguous, parol evidence is admissible to establish that the language does not embody the essence of the agreement to which there was mutual assent.”

Scott Ristow v. Michael Hansen

Court of Appeals for the Fifth Circuit · Feb 1, 2018

The officers filed a motion to dismiss based on qualified immunity. … Lieutenant Driver, 848 F.3d 678, 683 (5th Cir. 2017) (addressing qualified immunity defense raised in a motion to dismiss). 13 Kovacic v.

Exxon Corporation v. Chick Kam Choo

817 F.2d 307 · Court of Appeals for the Fifth Circuit · May 21, 1987

Although the broad pronouncements of those early cases have been often hedged and qualified, see, e.g., Romero v. … Byrd, 657 *319 F.2d 615, 617-18 (4th Cir.1981) (admiralty court should not apply Virginia inter-spousal immunity doctrine; trend is away from this immunity; state law should not be applied "where its application would defeat

Wiggins v. Poyner Spruill

Court of Appeals for the Fifth Circuit · Sep 17, 2024

Poyner Spruill answered and asserted affirmative defenses, including one that reads, “Any statements Plaintiff alleges were defamatory are protected by absolute privilege/immunity and/or common-law qualified privilege/immunity … Citing two opinions from the same federal district, the court held that “EEOC proceedings qualify as quasi-judicial for purposes of the absolute privilege doctrine.”

United States v. Paul Rice, Pedro Alvarez, John Leslie Wells, Jr., and Jerold Massler

550 F.2d 1364 · Court of Appeals for the Fifth Circuit · Apr 20, 1977

In our previous decisions we have clearly delineated what must be shown to warrant granting a motion to sever under the circumstances present here. … Any need for evidence to establish the manner in which Kilgore and Alvarez met could have been accomplished without mentioning “trading guns”.

The Merchants National Bank of Mobile v. The Dredge General G. L. Gillespie, Etc.

663 F.2d 1338 · Court of Appeals for the Fifth Circuit · Dec 18, 1981

reliable hearsay testimony); the seizure should issue, not automatically upon filing by an interested party, but only after a judicial officer has had the opportunity to scrutinize the showing in order to ascertain that it establishes … over a thing”, is a customary elliptical way of referring to. jurisdiction over the interests of persons in a thing.’ ” Again, insofar as the majority implies that the ancient admiralty procedures should thereby somehow be immune

United States v. Wilson

322 F.3d 353 · Court of Appeals for the Fifth Circuit · Feb 18, 2003

District Court’s Factual Finding That the Government Sent a Formal Request for Legal Assistance to the Bahamian Government Wilson argues that the district court clearly erred in finding that the Government had established … The court found that Lanyi qualified as a person familiar with OIA’s routine correspondence practices, and that her testimony was therefore sufficient to establish the letter was sent according to routine practices.

United States v. Seale

600 F.3d 473 · Court of Appeals for the Fifth Circuit · Mar 18, 2010

Insofar as it is relevant in this case, we disagree. 6 No case demonstrates the *483 contrast between the two standards more clearly than Dickerson v. … The prosecutor’s statement clearly violated the Supreme Court’s holding in Doyle v.

Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

677 F.2d 404 · Court of Appeals for the Fifth Circuit · May 17, 1982

The revision clearly recognizes the authority of a district judge to designate a magistrate to conduct evidentiary hearings. … The Walters court qualified its holding by requiring the magistrate to inform the parties in the report “that objections must be filed within ten days or further appeal is waived.” Walters, 638 F.2d at 950 .

Michael D. Fox v. Taylor Diving & Salvage Company

694 F.2d 1349 · Court of Appeals for the Fifth Circuit · Jan 14, 1983

Thus Fox fails- to meet either of the two requirements to establish Jones Act status. B. Fox’s injury was not on a vessel. … The first is whether the confidential communications between the attorney and the expert witness were covered by a work product immunity. See Hickman v.

Word of Faith World Outreach Center Church, Inc. v. Morales

Court of Appeals for the Fifth Circuit · Mar 26, 1993

We review the district court's order for abuse of discretion and reverse if the order was based upon an erroneous legal standard or clearly erroneous factual findings. … find that the church's March 30, 1992, voluntary dissolution of its corporate form mooted the Attorney General's investigation pursuant to the statute.9 Lastly, the district court found that the church did not qualify