Case law

Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas, N.A., Independent v. Commissioner of Internal Revenue

267 F.3d 366 · Court of Appeals for the Fifth Circuit · Sep 18, 2001

This court concluded that the assets received by the charity under the bona fide settlement qualified for the deduction under the applicable statute. Warren, 981 F.2d at 782-84 . … Jameson’s will directing that an independent appraisal establish the number of shares in the bequest to Andrew.

Roger C. Johnson, Cross-Appellant v. Albert Franco, Shannon J. Wall, Martin F. Hickley, Cross-Appellees

727 F.2d 442 · Court of Appeals for the Fifth Circuit · Mar 19, 1984

Section 302(e) of the Labor Management Relations Act, 29 U.S.C. § 186 (e), clearly provides the district courts with the jurisdiction to “restrain violations of this section [§ 302].” … Seamen become “licensed” by maritime authorities when found qualified to serve as officers on vessels. 2 .

Cheatham v. Allstate Ins Co

Court of Appeals for the Fifth Circuit · Sep 20, 2006

To establish a prima facie case, each Appellant must show that: (1) he is a member of a protected class; (2) he was qualified for the position that he held; (3) he suffered an adverse employment action; and (4) he was replaced … Clearly, Allstate did not sanction the Appellants’ practice.

Gary Aircraft Corp. v. United States

698 F.2d 775 · Court of Appeals for the Fifth Circuit · Feb 25, 1983

Procedural History The contracts between Gary and the government contained the standard disputes clause, establishing a heirarchy for resolving disputes arising under the contract. … The judicial philosophers have not been immune from this specialization, and the different cloisters may now house different orders with different vows and specialties.

United States v. Norman

415 F.3d 466 · Court of Appeals for the Fifth Circuit · Jul 1, 2005

It is clear that drugs inside a hand carried paper bag that Norman had complete control of and believed to contain drugs or money do not qualify as “hidden” for this purpose. … mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker. . . . .” 10 clearly

Star Satellite, Inc., a Mississippi Corp., D/B/A Satellite News, Plaintiff v. City of Biloxi, a Mississippi Municipal Corporation

779 F.2d 1074 · Court of Appeals for the Fifth Circuit · Jan 3, 1986

Appellant’s business clearly falls within the defined regulated uses. 2 These restrictions are of several kind: 3 (1) No building housing a regulated use may locate within 100 feet of an exclusive residential zoning district … As this injury is compensable, it does not qualify as irreparable. Star Satellite’s contention that the ordinance violates Mississippi’s blue laws is without merit.

Lisellotte Moyer, Etc. v. Martin Marietta Corp., Etc.

481 F.2d 585 · Court of Appeals for the Fifth Circuit · Jun 18, 1973

Bass, who was qualified as a sheet metal worker, carried out the modifications called for in paragraphs “j” through “I” of the technical order. … It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. Where there is room for policy judgment and decision there is discretion.

21 Fair empl.prac.cas. 257, 21 Empl. Prac. Dec. P 30,345 Ray Marshall, Secretary of Labor, United States Department of Labor, (Equal Employment Opportunity Commission, Substituted in the Place and Stead of Ray Marshall, Secretary of Labor, Etc.) v. Sun Oil Company (Delaware), a Corporation

605 F.2d 1331 · Court of Appeals for the Fifth Circuit · Nov 5, 1979

After making the four requisite disclosures, the Secretary presented evidence of age discrimination that was clearly sufficient under the circumstances. … Its burden is to establish a prima facie case that such a policy existed. . . . . . .

Carl Blue v. Rick Thaler, Director

665 F.3d 647 · Court of Appeals for the Fifth Circuit · Dec 22, 2011

The court’s statement that an IQ score of 75 is “the base score that may qualify for a diagnosis of mental retardation”59 reflects the standard that the CCA announced in Hearn. … Quarterman, the decisions of the Supreme Court clearly establish that the instructions given to a capital jury are unconstitutional if there is: a reasonable likelihood that the jury would interpret the Texas

Nevett v. Sides

533 F.2d 1361 · Court of Appeals for the Fifth Circuit · Jun 8, 1976

None of the findings of fact, considered separately from the intermingled conclusions of law, can be set aside as clearly erroneous. Rule 52(a) F.R. Civ.P. … In 1972 there were again blacks and whites qualifying to run for office for the city offices. A larger number of blacks qualified than had in 1968.

Salazar-Regino v. Trominski

479 F.3d 362 · Court of Appeals for the Fifth Circuit · Jun 30, 2005

immunity, a well-estab- his case. … The petitioners then cite policy justifications” as in the law of qualified language from St. Cyr, 533 U.S. at 323-24, immunity.

Adena Exploration, Inc. v. Dave Sylvan, an Individual and as Trustee of the Dave R. Sylvan Revocable Trust

860 F.2d 1242 · Court of Appeals for the Fifth Circuit · Nov 16, 1988

and uncontrovert-ably established by decisions of the Supreme Court of the United States....” … The Supreme Court made this point clearly in *1254 Gould v.

National Labor Relations Board v. Gulf-Wandes Corporation

595 F.2d 1074 · Court of Appeals for the Fifth Circuit · May 24, 1979

It is evident that the strike in the instant case qualified as an unfair labor practice strike, thereby entitling the employees to immediate reinstatement. … We are convinced that the Board’s conclusion on this point must fall for lack of substantial evidence. 9 The facts on record clearly established that Boatner was guilty of insubordinate conduct on October 22 and that Jackson

Williams v. Todd Shipyards Corp

154 F.3d 416 · Court of Appeals for the Fifth Circuit · Jul 24, 1998

§ 1442(a)(1) has not been established. … I also disagree with the majority’s conclusion that Todd qualifies as a person “acting under” an officer of the United States.

Tennard v. Dretke

442 F.3d 240 · Court of Appeals for the Fifth Circuit · Mar 1, 2006

To obtain habeas relief upon the grant of a COA, the petitioner must demonstrate that the state court proceeding “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … “[F]ederal habeas courts must deny relief that is contingent upon a rule of law not clearly established at the time the state conviction becomes final.” Peterson v.

H B Zachry Company v. Quinones

206 F.3d 474 · Court of Appeals for the Fifth Circuit · Apr 3, 2000

All parties agree that the room and board provided to Quinones in this case qualified as § 119 Meals and Lodging. The only question before us then is the proper construction of § 902(13). … The ALJ then concluded that working conditions existed that could have caused the injury: While a specific instance of injury has not been clearly established since, on multiple occasions, Claimant has stated

Horn v. Quarterman

Court of Appeals for the Fifth Circuit · Dec 13, 2007

established Federal law, as determined by the Supreme Court’ or ‘involved an unreasonable application of[] clearly established Federal law, as determined by the Supreme Court’.” … established federal law.

Colorado Interstate Gas Co., a Delaware Corporation v. Hufo Oils, a Partnership

802 F.2d 133 · Court of Appeals for the Fifth Circuit · Nov 19, 1986

The record establishes that since 1954 the Bivens have repeatedly enforced the operating agreement against Colorado Interstate, that the Bivens recorded the agreement in 1980, and that the Bivens made at least four leases … This rule clearly precludes the classification as “crude petroleum oil” of liquids condensed in a lease separator or LTX unit.

United States v. Diana Gonzales Buchanan, Fedell Anderson, Vernon Bonner, and John Buchanan

70 F.3d 818 · Court of Appeals for the Fifth Circuit · Feb 22, 1996

The “plain view” doctrine is one of the “specifically established and well-delineated exceptions” that may justify a warrant-less seizure. Arizona v. … See Biggins, 551 F.2d at 67 (“[The district court’s] discretion is not to be sacrificed to a formalistic adherence to the standard we establish.”).

Eliza M. Woodson v. Richard S. Schweiker, Secretary of Health and Human Services

656 F.2d 1169 · Court of Appeals for the Fifth Circuit · Sep 25, 1981

Neither of these factual findings are established by this record. … Clearly, Ethel was not the wife of Rushell on June 3, 1975, almost five years after she married Stephens.