Case law

Local Union No. 12, United Rubber, Cork, Linoleum & Plastic Workers of America, Afl-Cio v. National Labor Relations Board

368 F.2d 12 · Court of Appeals for the Fifth Circuit · Nov 9, 1966

expertise with respect to the complexities of the bargaining process, its broad powers of investigation, and most importantly, its power to encourage informal settlements at the regional director level render it better qualified … Union, supra, clearly involved a violation of the bargaining contract in addition to a breach of the duty of fair representation, that decision might be interpreted as establishing the principle that the courts should retain

Abdo Tehr Hussein v. Isthmian Lines, Inc.

405 F.2d 946 · Court of Appeals for the Fifth Circuit · Dec 30, 1968

These writings were clearly not admissible under the Federal Act. 1 Neither the reports nor the letters are business records of Isthmian Lines. … In view of the above holding, we do not reach the question whether, if these writings could qualify as business records, those portions thereof would be admissible which are merely diagnostic or expressive of opinions or

St. James Sugar Cooperative, Inc., Cross v. United States of America, Cross

643 F.2d 1219 · Court of Appeals for the Fifth Circuit · May 1, 1981

Through the use of qualified patronage dividends, nonexempt cooperatives can avoid tax liability by passing their income onto their members. 1 For the 1974-75 grinding season, just as it had in the previous four years, St … James’ use of net realizable value for pricing its ending inventory clearly reflects income. Whether an accounting method will clearly reflect income depends on the facts and circumstances peculiar to each case.

Bellows v. Amoco Oil Co, TX

118 F.3d 268 · Court of Appeals for the Fifth Circuit · Jul 17, 1997

During the first six months of its operation, PICI had difficulty obtaining construction work.2 In early 1979, Phillips learned that Amoco was seeking qualified minority-owned construction firms to perform … The plaintiff may establish a prima facie case by direct evidence or, more commonly, by circumstantial evidence of discriminatory motive. Harrington v.

Lynne M. Evers v. Equifax, Inc.

650 F.2d 793 · Court of Appeals for the Fifth Circuit · Jul 17, 1981

Qualifying this deference is a rule developed in recent cases in this circuit to protect a litigant’s Seventh Amendment rights and to prevent improper intrusion on the jury’s function. … Evers’ argument is novel, but clearly unacceptable. 10 Evers argues that, had the district court given the proper instruction relating to punitive damages, the verdict amount could be sustained.

Planned Parenthood of Greater Texas Surgical Health Services v. Abbott

769 F.3d 330 · Court of Appeals for the Fifth Circuit · Oct 9, 2014

Fine attested that “all ob/gyns, regardless of whether they perform abortions, are qualified to manage the care of a patient experiencing a complication from an abortion.” In addition, Dr. … Fine similarly attested that “[e]mergency room physicians are qualified to initially evaluate and treat most complications . . .

United States Ex Rel. King v. University of Texas Health Science Center-Houston

544 F. App'x 490 · Court of Appeals for the Fifth Circuit · Nov 4, 2013

particular statutory cause of action to be asserted against States, the question whether the statute itself permits the cause of action it creates to be asserted against States (which it can do only by clearly … The state constitution provides for the establishment of the University of Texas System. Tex. Const. art.

James Latiolais v. Eagle, Incorporated

951 F.3d 286 · Court of Appeals for the Fifth Circuit · Feb 24, 2020

To establish that much was to establish a “‘causal connection’ between the charged conduct and asserted official authority.” Id. at 409, 1817 (quoting Maryland v. Soper, 270 U.S. 9, 33, 46 S. … Establishing a broader class of removable acts in section 2(b) conforms to establishing a broader class of removable proceedings in section 2(a).

James D. Hodgson, Secretary of Labor, United States Department of Labor v. Charles Martin Inspectors of Petroleum, Inc.

459 F.2d 303 · Court of Appeals for the Fifth Circuit · Apr 25, 1972

The law is clearly established that the privilege asserted here is a qualified' one, not absolute, limited by the underlying purpose of the privilege as balanced against the fundamental requirements of fairness and disclosure … Ed.2d 639 (1957). 2 Although that was a criminal case, the balancing of interest test that it established has been applied to civil cases as well. Westinghouse Corp. v. City of Burlington, 122 U.S.

Norton v. House of Mercy of New York

101 F. 382 · Court of Appeals for the Fifth Circuit · Apr 16, 1900

The question, then, to be considered is whether the principles of law, so clearly and repeatedly announced by the courts, apply to the facts of this case. … “It is a principle firmly established,” said the supreme court in De Vaughn v. Hutchinson, 165 U. S. 570 , 17 Sup. Ct. 461, 41 L.

Mayor of Meridian v. Farmers' Loan & Trust Co.

143 F. 67 · Court of Appeals for the Fifth Circuit · Jan 24, 1906

It was provided by the act that the question as to whether or not the bonds were to be issued was to be submitted to the qualified electors of the city. … Unless there can be found in the contract in question words clearly depriving the city of Meridian of the right to build, own, and operate waterworks, the court should not by implication give such effect to the contract.

Lewis Brisbois v. Bitgood

Court of Appeals for the Fifth Circuit · Feb 27, 2026

We may reverse such an award only if the court “base[d] its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” ASHH, Inc. v. … The district court ruled attorney immunity did not apply because Beers did not meet his “burden of conclusively establishing that [his] involvement in the registration of the Lewis Brisbois entity falls within the scope of

United States v. Acosta

763 F.2d 671 · Court of Appeals for the Fifth Circuit · Jun 6, 1985

63 THE WITNESS: That is correct. 64 Thus, venue clearly was not established with respect to count 8 as to Clarence Reynolds. 65 The government's argument that Reynolds' conviction may be upheld on an aiding and abetting theory … If you had qualified it, said anything that the law will allow him to do. But there is no qualification, they just think Mr.

Equal Employment Opportunity Commission v. Agro Distribution, LLC

555 F.3d 462 · Court of Appeals for the Fifth Circuit · Jan 15, 2009

When a qualified individual with a disability requests a reasonable accommodation, the employer and employee should engage in flexible, interactive discussions to determine the appropriate accommodation. 29 C.F.R. pt. 1630 … At his deposition, Velez clearly stated that with sufficient opportunities to cool off, he was fully capable of performing manual labor.

Delray Beach Aviation Corporation and Bert Boldt v. Mooney Aircraft, Inc.

332 F.2d 135 · Court of Appeals for the Fifth Circuit · Jun 5, 1964

The requirement that one invoking the provisions of § 47.16(2) “has the burden of presenting a situation that clearly justifies its application,” 144 So.2d 512, 514 , is no judicial contraction. … No contractual relationship was established between Metropolitan and Mooney Sales Company.

United States v. Muniz

540 F.3d 310 · Court of Appeals for the Fifth Circuit · Aug 8, 2008

United States, 142 F.2d 230, 231 (5th Cir. 1944) (stating that the judgment establishing compensation to be awarded “is the essential and final one”; anything that “precedes is interlocutory”). … States v. 58.16 Acres of Land, the Seventh Circuit permitted an appeal of a possession order where the district court determined that it lacked authority to consider the validity of a taking.7 However, the Seventh Circuit clearly

Greenlees v. Eidenmuller Enterprises, Inc.

32 F.3d 197 · Court of Appeals for the Fifth Circuit · Sep 19, 1994

Her wages and benefits were paid by Eidenmuller, her job duties were assigned by Eidenmuller, and Eidenmuller established the terms and conditions of her employment and had sole authority to hire and fire her. … The district court found that Eidenmuller employed fewer than fifteen employees, and this finding was not clearly erroneous.

Weyerhaeuser v. Burlington Insurance

74 F.4th 275 · Court of Appeals for the Fifth Circuit · Jul 14, 2023

Weyerhaeuser also asserted, in the alternative, that the Agreement qualifies as an “insured contract” under the CGL Policies, and thereby manifested a clear intent to include W. Co. … The petitions clearly define W.

Martin v. Tipton

222 F. App'x 366 · Court of Appeals for the Fifth Circuit · Feb 22, 2007

Tipton filed a motion for summary judgment on qualified immunity grounds. … a violation of a constitutional right and (2) whether the defendant’s conduct was objectively reasonable in light of the clearly established law at the time of the incident.5 Tipton’s appeal

Runnels v. Texas Children's Hospital Select Plan

167 F. App'x 377 · Court of Appeals for the Fifth Circuit · Jan 25, 2006

Although both Runnels and Awigichew point to their longer service with TCH and believe they were more qualified than Taylor, neither of them has shown that they were “clearly better qualified” than Taylor. … Because they have not shown that they were “clearly better qualified” than Nguyen, their claims fail.