Case law

Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees v. Jacksonville Terminal Company

591 F.2d 1387 · Court of Appeals for the Fifth Circuit · Mar 28, 1979

unincorporated labor organization and individual employees of appellee, brought an action in the District Court for the Middle District of Florida, Jacksonville Division, asking that an award of a Special Board of Adjustment established … The plaintiffs named in the complaint qualified under the provisions of the Stabilization Agreement as “protected employees” and as such were eligible for the protective benefits provided under the agreement.

Simeon v. T. Smith & Son, Inc.

852 F.2d 1421 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

Sometimes a “concurrent” tort-feasor who is immune from the plaintiffs direct action and thus immune from a traditional contribution claim, owes the other concurrent tort-feasor some independent duty, or has made some express … Neither of those maritime cases purports to eliminate the well established maritime rule of joint liability.

United States v. Ahmadou

Court of Appeals for the Fifth Circuit · Nov 25, 2025

Orleans, 425 U.S. 807, 816 (1976) (interpreting a statutory waiver of sovereign immunity). This court has recognized that the entrapment-by-estoppel defense is a “narrow exception to the general rule.” … The record establishes that the sentence was an upward variance per § 3553(a)—not an upward departure under § 3A1.4, Application Note 4.

Mary Strickland v. Patricia Roberts Harris, Secretary of Health and Human Resources

615 F.2d 1103 · Court of Appeals for the Fifth Circuit · Apr 24, 1980

her level of nourishment and her mental condition, and reported that “[e]vidence fails to show a disabling condition for duration of 12 months, claimant should be able to return to employment for which she is vocationally qualified … The medical evidence fails to establish that the claimant has any significant problems with stomach ulcers or muscle spasms. 9.

Robert Morris v. Brad Livingston

Court of Appeals for the Fifth Circuit · Jan 20, 2014

The notice shall clearly indicate that no offender will be denied access to health care services due to an inability or failure to pay. … Therefore, Morris has not established that the district court erred in denying relief on his Fourth Amendment claim. 4.

Lange v. Orleans Levee Dist

177 F.3d 978 · Court of Appeals for the Fifth Circuit · Mar 22, 1999

Here, not only did OLD fail to assert § 1443 as the grounds for removal, it has made absolutely no showing that the cases qualified for removal under § 1443. … First, the Eleventh Amendment immunity ruling was simply not separate and distinct from the order of remand.

United States v. Harris

293 F.3d 863 · Court of Appeals for the Fifth Circuit · Jun 11, 2002

All we are called upon to decide is whether that court’s view of the evidence and its findings are clearly erroneous. … Under this definition, the evidence was clearly sufficient to show bodily injury.

Blackshear,et al v. City of Houston,et a

121 F.3d 703 · Court of Appeals for the Fifth Circuit · Jul 10, 1997

To qualify as a bona fide executive the 3 employee must: (1) be compensated on a salary basis of not less than $250 per week (the “salary test”), (2) be … The record does not contain evidence clearly resolving the § 541.118(a) issue one way or the other; since the City had the burden on this matter, summary judgment for the City on the present record was improper.

Deloach Marine Services L.L.C. v. Marquette Transp

974 F.3d 601 · Court of Appeals for the Fifth Circuit · Sep 11, 2020

“The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” Luwisch v. Am. … If Marquette wishes to challenge those findings, it must show they were not only incorrect but clearly erroneous.

Medical Center Pharmacy v. Mukasey

536 F.3d 383 · Court of Appeals for the Fifth Circuit · Jul 18, 2008

Sullivan, 332 U.S. 689, 693 (1948) (“When it is reasonably plain that Congress meant its Act to prohibit certain conduct, [nothing] justifies a distortion of the congressional purpose, not even if the clearly correct purpose … Under the Pharmacies’ construction, the compound- ed drug would be immune from the new drug approval provision regardless of whether it “met the requirements” of § 353a.

Claudine Hall v. Sylvia Garson

430 F.2d 430 · Court of Appeals for the Fifth Circuit · Jul 22, 1970

But Art. 5238a is not a garnishment statute and all prehearing summary procedures are clearly not unconstitutional. … Smith, 1968, 392 U.S. 309, 312 , 88 S.Ct. 2128, 2131 , 20 L.Ed.2d 1118 , 1123 n. 4 where the Court said: “Decisions of this Court * * * establish that a plaintiff in an action brought under the Civil Rights Act, 42 U.S.C.

Brumfield v. Cain

808 F.3d 1041 · Court of Appeals for the Fifth Circuit · Dec 16, 2015

established federal law. … aspects, clearly lacks the impulsiveness and non-leadership interactions associated with [intellectually disabled] persons” based on “the firmly established facts of this case.”

Charles P. Cieutat v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant

824 F.2d 348 · Court of Appeals for the Fifth Circuit · Aug 31, 1987

Trial Work Period Cieutat argues that even if the Appeals Council had the authority to reopen the AU’s decision, his 1981 work qualifies as “trial work” under 42 U.S.C. § 422 (c) and, consequently, the Appeals Council should … Cieutat gave inaudible or nonresponsive answers to several questions by the AU and by his attorney concerning his post-injury work history; however, he did clearly respond negatively when his attorney asked whether he had

Motts v. M/V Green Wave

210 F.3d 565 · Court of Appeals for the Fifth Circuit · May 9, 2000

DOHSA qualifies as “legislation to the contrary.” … The district court’s factual determination was not clearly erroneous.

Spiller v. White

352 F.3d 235 · Court of Appeals for the Fifth Circuit · Dec 12, 2003

human environment are likely to be highly controversial. (5) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. (6) The degree to which the action may establish … We think that the record clearly indicates that each of these factors received adequate attention and evaluation in the Lead Agencies’ decision-making process.

Schexnayder v. Hartford Life & Accident Insurance

600 F.3d 465 · Court of Appeals for the Fifth Circuit · Mar 16, 2010

After this initial period, Schexnayder was entitled to disability benefits only if he was unable to engage in any occupation for which he was or became qualified. … A finding of bad faith requires more than simply establishing that there was a conflict of interest. See Carolina Care Plan Inc. v.

United States v. Theron C. Lynd, Circuit Clerk and Registrar of Voters of Forrest County, State of Mississippi

301 F.2d 818 · Court of Appeals for the Fifth Circuit · May 21, 1962

. § 1651 , which provides that: “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles … It is undisputed that many persons were registered without these formalities. (4) From January 31, 1961, to the present, obviously qualified Negroes were rejected for registration unless the Registrar has some basis for denying

Janos Farkas v. GMAC Mortgage, L.L.C.

737 F.3d 338 · Court of Appeals for the Fifth Circuit · Dec 2, 2013

As this court has concluded, “[b]ecause MERS is a book-entry system, it qualifies as a mortgagee.” Martins v. BAC Home Loan Servicing, L.P., 722 F.3d 249, 255 (5th Cir. 2013). … ‘a presumption . . . that parties contracted for themselves,’ which applies ‘unless it clearly appears that they intended a third party to benefit from the contract.’”

Cesar Roberto Fierro v. James A. Lynaugh, Director, Texas Department of Corrections

879 F.2d 1276 · Court of Appeals for the Fifth Circuit · Aug 14, 1989

Under Texas law, a properly qualified lay witness is permitted to state an opinion on this question. Esquivel v. State, 595 S.W.2d 516, 527-28 (Tex.Crim.App.1980). … He has not established that his confession was coerced.

Alvin J. Treadaway, and Fidelity & Casualty Company of New York, Intervenor-Appellee v. Societe Anonyme Louis-Dreyfus Et Cie

894 F.2d 161 · Court of Appeals for the Fifth Circuit · Apr 3, 1990

Another witness testified that the water and oil on the main deck were in such a quantity as to be clearly visible. … The testimony of Tread-away's treating physician and his vocational counselor indicates that there are minimum wage jobs for which Treadaway is qualified and physically able. 47 According *170 to Masinter, this amount should