Case law

Mac Towing Inc. v. American Commercial Lines

670 F.2d 543 · Court of Appeals for the Fifth Circuit · Mar 15, 1982

In establishing comparative negligence in admiralty, the Supreme Court certainly did not delete the number “50” from the federal courts’ vocabulary. … It demonstrates that Higgerson was a qualified pilot with long experience piloting similar tugs in that area.

Janice Winkley Gore, Cross-Appellee v. Hozie Turner, Owner, D/B/A Madrid Apartments, Cross- Kathy Hobbs, Cross-Appellee v. Hozie Turner, Owner, D/B/A Madrid Apartments, Cross

563 F.2d 159 · Court of Appeals for the Fifth Circuit · Feb 10, 1978

Applying the clearly erroneous standard, this Court affirms the district court's holding that defendant Turner violated 42 U.S.C. § 1981 and § 1982. … The district court held that Hobbs could not maintain her action as a class action because she did not show that any other person qualified as a class member.

Christine Plemer v. Parsons-Gilbane, Etc.

713 F.2d 1127 · Court of Appeals for the Fifth Circuit · Sep 6, 1983

The district court found that Plemer did not meet the criteria necessary for the job and that William Willis was better qualified for the position. … employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance

In the Matter of Robert P. Jordan, Debtor. Robert P. Jordan and Wesley Ann Jordan v. Southeast National Bank

927 F.2d 221 · Court of Appeals for the Fifth Circuit · Mar 28, 1991

The district court accepted these factual findings; the Jordans, however, argue that they are clearly erroneous. … Finally, it is well-established that writings with pertinent omissions may qualify as “materially false” for purposes of § 523(a)(2)(B). In re Biedenham, 30 B.R. 342 (Bankr.W.D.La.1983).

Benton C. Sullens v. United States

409 F.2d 545 · Court of Appeals for the Fifth Circuit · Apr 7, 1969

Since we think that the record clearly upholds the prisoner’s right to immediate release, however, we have chosen to deal with the merits of the case now. … The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. See King v. United States, 69 App.D.C. 10 , 98 F.2d 291, 296 .

Emsy H. Swaim and Annie Swaim, Cross v. United States of America, Cross

651 F.2d 1066 · Court of Appeals for the Fifth Circuit · Jul 27, 1981

Taxpayers have been allowed wide latitude in structuring qualifying transactions, 6 adher *1070 ing to the “well established principle that the substance of a transaction, rather than the form in which it is cast, ordinarily … Swaim recorded the deed in Concho County to establish the link in Cluff’s chain of title.

American Cancer Society v. Cook

675 F.3d 524 · Court of Appeals for the Fifth Circuit · Mar 20, 2012

“A finding of fact is clearly erroneous only if on the entire evidence, the court is left with the definite and firm conviction that a mistake has been committed.” Id. … Thus, it became incumbent on Cook to establish an independent legal basis to justify their recovery.

Bettye Keener Stegmaier, Etc. v. Jerry Pete Trammell, Etc.

597 F.2d 1027 · Court of Appeals for the Fifth Circuit · Jul 2, 1979

Under this constitutional provision Circuit Clerks are elected by qualified voters in each county for six-year terms. Id. § 6.20(b). … The district court was clearly erroneous in finding that the Circuit Clerk occupies a policymaking position.

Resolution Trust Corporation, as Receiver of Delta Savings & Loan Association, Inc. v. Paul J. Murray, Jr., and June Leblanc Murray

935 F.2d 89 · Court of Appeals for the Fifth Circuit · Jul 10, 1991

D’Oench, Duhme immunizes the FDIC from defenses asserted against it based upon agreements not firmly established in the financial institution’s records. *94 See 315 U.S. at 456-57 , 62 S.Ct. at 679 , 86 L.Ed. at 961-62 . … Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265, 276 (1986) (Rule 56(c) mandates entry of summary judgment "against a party who fails to make a showing sufficient to establish the existence of an element

REW Enterprises, Inc. v. Premier Bank, N.A.

Court of Appeals for the Fifth Circuit · Mar 27, 1995

Premier argues that while a land bank may be immune from taxation based on its status as a federal instrumentality, that immunity does not insulate it from principles of equitable estoppel … To qualify as affirmative misconduct, a "party must allege more than mere negligence, delay, inaction, or failure to follow an internal agency guideline." Fano v.

14 Fair empl.prac.cas. 171, 8 Empl. Prac. Dec. P 9472 Bennie G. Thompson, Evelyn Thomas, Etc. v. Madison County Board of Education, Etc.

496 F.2d 682 · Court of Appeals for the Fifth Circuit · Jun 20, 1974

The facts of this case indicate to us that the district court clearly erred in concluding that the school system had fully desegregated in either faculty or students at the time of the refusal to rehire the plaintiffs. … Their employers are not lawyers and are not authorized, or qualified to contract for or receive legal fees, and no assignments were shown the Court.

Metropolitan Life Insurance Company v. Eleanor E. Main, the Travelers Insurance Company v. Eleanor E. Main

383 F.2d 952 · Court of Appeals for the Fifth Circuit · Aug 8, 1967

He was highly qualified to perform such duties, both by education and experience. Main’s family consisted of himself, his wife, four children, and one grandchild. … All of the assumed facts were established by the evidence. 5 . Dubuque Fire and Marine Insurance Co. v.

United States v. Miles

122 F.3d 235 · Court of Appeals for the Fifth Circuit · Sep 5, 1997

“the citizens of each State shall be entitled to all privileges and immunities of *244 citizens in the several States,” id. (quoting U.S. Const., art. I, § 9, cl. 2); and, 2. … I would conclude, then, that as a matter of law, the money taken from the cash register was not a commodity or product moving in interstate commerce. *247 Likewise, the persons from whom this cash was taken do not qualify

Mineral Industries & Heavy Construction Group v. Occupational Safety And Health Review Commission

639 F.2d 1289 · Court of Appeals for the Fifth Circuit · Mar 19, 1981

THE COMPLETED STRUCTURE: CONCLUSION 22 The OSHRC correctly concluded that the evidence produced at the administrative hearing clearly established that Brown & Root had committed a willful and serious violation of the regulation … It is clear that the scrapers involved in the present case qualify as "earthmoving equipment" with an "obstructed view to the rear" and thus come within the purview of the regulation. 2 Federal Rule of Procedure 15(b) provides

State of Texas v. United States

40 F.4th 205 · Court of Appeals for the Fifth Circuit · Jul 6, 2022

erroneous. 6 of removal or a qualifying criminal conviction. … Additionally, a vacatur does nothing but re-establish the status quo absent the unlawful agency action.

Hershel Hiram McKnight v. United States

507 F.2d 1034 · Court of Appeals for the Fifth Circuit · Feb 12, 1975

Because McKnight’s uncontested factual allegations establish a bona fide controversy, requiring resolution by an evidentiary hearing and resultant findings, we reverse and remand. … We will not assume abandonment of the right to appeal from a criminal conviction unless facts clearly supporting such an assumption are developed on the record. Morris v.

Sweeney & Company, Inc. v. National Labor Relations Board

437 F.2d 1127 · Court of Appeals for the Fifth Circuit · Jan 25, 1971

The inference here drawn by the Board was clearly reasonable and supported by a substantial evidentiary base. … In addition to Garcia’s satisfactory work record previously noted, the evidence established that the company’s employees were working a substantial amount of overtime on a regular basis — work which Garcia was qualified to

67 Fair empl.prac.cas. (Bna) 798, 66 Empl. Prac. Dec. P 43,496 Bruce T. Shattuck, Plaintiff-Appellee/cross-Appellant v. Kinetic Concepts, Inc., Defendant-Appellant/cross-Appellee

49 F.3d 1106 · Court of Appeals for the Fifth Circuit · May 12, 1995

Nashville Banner Publishing Co. 1 that evidence of employee wrongdoing acquired by the employer after termination does not provide immunity from liability but may affect the remedy. … General Motors Corp. 13 --whether the plaintiff was qualified to assume another position at the time of discharge. We do not agree.

Lee Lucas v. Jerry Goodwin

Court of Appeals for the Fifth Circuit · Sep 10, 2019

The district court rejected appellants’ assertions of qualified immunity and denied their motion for summary judgment on the individual capacity claims that Lucas asserted against them. They now appeal. … “That is, [this court] has jurisdiction only to decide whether the district court erred in concluding as a matter of law that officials are not entitled to qualified immunity on a given set of facts.” Id. at 347.

James D. Hodgson, Secretary of Labor, United States Department of Labor v. Brookhaven General Hospital

436 F.2d 719 · Court of Appeals for the Fifth Circuit · Dec 30, 1970

that its compensation system qualified under any statutory exception. … As to the job descriptions, the Trial Judge was clearly correct to place her reliance elsewhere.