Case law

Atlantic & Gulf Stevedores, Inc. v. Alter Company, Ags Chartering

617 F.2d 397 · Court of Appeals for the Fifth Circuit · May 19, 1980

These items display, contrary to plaintiff’s assertion, an intention of the parties to the freight contracts to immunize the carrier from responsibility for shifting and fleeting services performed at facilities such as A … Despite the variance in the nature of the bills of lading, each clearly reveals that the ultimate consignee is to be Continental. 20 Further, plaintiff admits that this scheme is supportable only on the theory that the parties

John W. Mecom, Cross-Appellant v. Levingston Shipbuilding Company, Cross-Appellee

622 F.2d 1209 · Court of Appeals for the Fifth Circuit · Aug 4, 1980

The evidence clearly refutes defendant’s argument. Levingston was informed of the sinking on the day it occurred. … Neither this finding nor the finding that defendant suffered no prejudice is clearly erroneous.

Esso International, Inc. v. The Ss Captain John

443 F.2d 1144 · Court of Appeals for the Fifth Circuit · May 26, 1971

Moreover, what Esso knew or should have known is irrelevant when one is attempting to establish an implied agency. … The district court decided that laches did not bar Esso's claims and we cannot say this finding was clearly erroneous. 34 Out of Gissel & Co.'

Butler Aviation International, Inc. v. Whyte

6 F.3d 1119 · Court of Appeals for the Fifth Circuit · Nov 17, 1993

The district court concluded that this finding was not clearly erroneous. … When considered in toto, though, we find that there was sufficient evidence to immunize the fact finding of the bankruptcy court from reversal as clear error. 2. “Part Performance” Doctrine and Waiver.

Miller Brewing Company v. Fort Worth Distributing Co., Inc.

781 F.2d 494 · Court of Appeals for the Fifth Circuit · Jan 30, 1986

reveals a disinclination to resort to arbitration on any phase of suit involving all parties, those parties are prejudiced by being forced to bear the expenses of a trial_ Substantially invoking the litigation machinery qualifies … [A]ny attempt to go to the merits and to retain still the right to arbitration is clearly impermissible.” Graig Shipping Co. v.

Johnson v. Christus Spohn

334 F. App'x 673 · Court of Appeals for the Fifth Circuit · Jun 23, 2009

Johnson’s colleagues, who are much more qualified to make decisions regarding the adequacy of medical treatment and professional competency. See Bryan, 33 F.3d at 1337. The MEC found that Dr. … Because we find that appellees are immune from liability pursuant to the HCQIA, we need not consider whether they are also immune under the Texas Health Care Quality Improvement Act, T EX. O CC.

David Greenhouse v. Most Reverend Charles Pascal Greco

617 F.2d 408 · Court of Appeals for the Fifth Circuit · May 19, 1980

The district court was clearly correct in dismissing this defendant. The evidence indicates that there was never an entity known as “the School Board of St. … Yet their own evidence establishes that such was not the case.

Daggett v. Commission on Governmental Ethics & Election Practices

205 F.3d 445 · Court of Appeals for the Fifth Circuit · Mar 7, 2000

See 21-A M.R.S.A. §§ 1121-1128. 2 It establishes *451 public funding beginning with the 2000 elections, see id. § 1123, and requires candidates to complete qualifying actions by March 16, 2000, see id. § 1122(8). … In order to qualify for public funding, a candidate must fulfill several requirements during the qualifying period. The candidate must file a declaration of intent that he is seeking certification. See id. § 1125(1).

Jones v. Louisiana Board of Supervisors of University of Louisiana Systems

809 F.3d 231 · Court of Appeals for the Fifth Circuit · Dec 9, 2015

The district court determined that sovereign immunity insulated the State of Louisiana and the ULS Board of Supervisors from liability, and that qualified immunity applied to the claims 3 Jones now alleges that the … In light of our resolution, we do not reach Defendants’ prescription argument or the district court’s decision on qualified immunity. 18

Speech First, Incorporated v. Gregory Fenves

Court of Appeals for the Fifth Circuit · Nov 9, 2020

Speech First has clearly shown a credible threat of enforcement of those policies upon its members. … Speech First has established an injury in fact. D.

12 Fair empl.prac.cas. 1191, 11 Empl. Prac. Dec. P 10,880 Eligh Watkins, Individually and on Behalf of Other Persons Similarly Situated, Plaintiffs-Appellants-Cross-Appellees v. Scott Paper Company, Defendants-Appellees-Cross-Appellants

530 F.2d 1159 · Court of Appeals for the Fifth Circuit · Apr 29, 1976

Its finding to that effect is, therefore, clearly erroneous. 32 118 (b). … qualify.

Smith v. Irion County TX

Court of Appeals for the Fifth Circuit · May 5, 1997

Government officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. … With regard to the claims of wrongful stop and arrest by Everett, the complaint sets forth the deprivation of constitutional rights which were clearly established at the time of the events in question.

United States v. Billy W. Gray, Lee Andrew Fennell, Roger Lee Wright, Ronald Cecil Barker and Vance C. Dyar

626 F.2d 494 · Court of Appeals for the Fifth Circuit · Sep 26, 1980

The Government need only introduce slight evidence of a particular defendant’s participation once the conspiracy is established, but must establish, beyond a reasonable doubt, that each member had a knowing special intent … His explanation clearly went to the amount of evidence necessary to establish participation in a conspiracy.

Jane Doe v. Office of Refugee Resettlement

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

The federal government enjoys sovereign immunity from involuntary compliance with state court orders, yet the essential purpose of the lawyers’ ex parte state court proceeding was to evade and deny ORR’s status and immunity … ORR, indeed, suggested a highly qualified attorney to become Doe’s neutral guardian ad litem in this federal court matter.

Jackson v. Rawdon

235 F.2d 93 · Court of Appeals for the Fifth Circuit · Jun 28, 1956

plaintiffs' claims by developing that there were no administrative difficulties which had to be overcome in order to admit the plaintiffs to the Mansfield High School but only, as clearly shown by the testimony of R. … the refusal of the defendants to admit plaintiffs thereto on account of their race or color is unlawful; that it order the defendants forever restrained from refusing admission thereto to any of the plaintiffs shown to be qualified

Roberson v. Morales

Court of Appeals for the Fifth Circuit · Jul 9, 1999

Under the doctrine of qualified immunity, the defendants are entitled to a judgment as a matter of law if their actions were objectively reasonable in the light of clearly established … Roberson failed to establish that the defendants violated a clearly established constitutional right by not providing him with the state record, and the defendants were thus entitled to qualified immunity

Standard Oil Company v. Mrs. Josephine Foster, as Guardian Ad Litem for Harry L. Cookson

280 F.2d 912 · Court of Appeals for the Fifth Circuit · Jul 18, 1960

The relationship plus the written instruments which have been described very clearly do not, by themselves, impose upon Standard any duty to maintain the grease rack in reasonably safe condition. … The appellant invokes as controlling the well-established rule followed by this Court in Miller v.

Speech First, Incorporated v. Gregory Fenves

Court of Appeals for the Fifth Circuit · Oct 30, 2020

Speech First has clearly shown a credible threat of enforcement of those policies upon its members. … Speech First has established an injury in fact. D.

Wolfson v. United States

102 F. 134 · Court of Appeals for the Fifth Circuit · May 10, 1900

Under the jurisprudence relating to the admission of evidence in criminal cases, it is clearly established, as a general rule, that “it is a violation of the fundamental sanctions of our law to admit evidence that the defendant … established.

Amie v. El Paso Independent School District

253 F. App'x 447 · Court of Appeals for the Fifth Circuit · Nov 8, 2007

The fact finder could just as easily compare the two résumés to determine whether Amie was the clearly better qualified candidate. … Furthermore, an independent review of their respective résumés does not clearly indicate that Amie is the better qualified candidate.