Case law

Jackson v. Specialty Rental Tools & Supply, L.L.P.

879 F.3d 568 · Court of Appeals for the Fifth Circuit · Jan 8, 2018

22 This is clearly an appropriate consideration in any contract case: the language of the contract. … This figure of course serves as no more than a guideline established by years of experience, and departure from it will certainly be justified in appropriate cases. 515 U.S. 347, 371 , 115 S.Ct. 2172 , 132 L.Ed.2d 314 (1995

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.

Holland v. Intl Paper Co Retmnt

Court of Appeals for the Fifth Circuit · Aug 6, 2009

Here, International Paper established the trust to pay benefits, and it makes periodic contributions to the trust. … There, we considered an ERISA-qualifying plan that defined disability by reference to the inability to perform “any job for which he . . . is, or may become, qualified by training, education, or experience.”

Missouri Pacific Railroad v. Austin

292 F.2d 415 · Court of Appeals for the Fifth Circuit · Jun 27, 1961

On the issue of Austin’s 50% interest, the Railroad has not met the burden of F.R.Civ.P. 52(a), 28 U.S.C.A., of demonstrating that the Trial Court’s finding was clearly erroneous. 8 It is important to bear in mind that there … For, assuming that phase to be met, there is a complete void in the evidence to qualify the paper as a business record exhibit to establish the fact that these words were spoken by Flocks in 1953.

51 Empl. Prac. Dec. P 39,209, 5 indiv.empl.rts.cas. 466 Diana Rathjen, Cross-Appellant v. Barbara H. Litchfield, and the City of Houston, Cross-Appellees

878 F.2d 836 · Court of Appeals for the Fifth Circuit · Jul 31, 1989

Yet, in Connick, the Court also established that the first amendment does not prevent a government employer from taking action in response to an employee's expression that does not touch upon a matter of public concern: 23 … Since we reverse on the due process claim and the retaliation claim, we need not address either Litchfield's right to qualified immunity, or the city's objection to an award of attorneys' fees that included services rendered

Dicie Ellen Hibley Swayze, Legal Guardian and Next Friend of Michael Wayne Swayze v. McNeil Laboratories, Inc.

807 F.2d 464 · Court of Appeals for the Fifth Circuit · Feb 6, 1987

McNeil cannot immunize itself from liability simply by providing “adequately” written warnings that as a practical matter will not effect prophylaxis. … Moreover, this is not merely a doctor’s problem, but a social problem; doctors, nurses, and hospitals are clearly at fault and state authorities are not enforcing compliance with law.

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.

Dixie Bedding Manufacturing Company v. National Labor Relations Board

268 F.2d 901 · Court of Appeals for the Fifth Circuit · Jun 30, 1959

This latter provision was qualified by a subsequent clause which stated that the petitioner could retain an employee in its employ despite the employee’s non-membership in the union upon the “insistence of the employee upon … Judging this evidence under the standard which we must apply, it clearly affords a substantial basis for the Board’s conclusions. This assignment of error must therefore fail.

McCall v. Peters

108 F. App'x 862 · Court of Appeals for the Fifth Circuit · Aug 18, 2004

Therefore, the district court's dismissal of the false arrest claim on grounds of qualified immunity is affirmed. McCall also argues that Peters committed perjury at an examining trial. … We have already rejected a similar claim by McCall in an earlier appeal where we held that the protective order was clearly written and would not be confusing or misleading to a lay person. See McCall v.

Slaughter-Cooper v. Kelsey Seybold Med

Court of Appeals for the Fifth Circuit · Aug 16, 2004

“Although waiver is ordinarily a question of fact, when the facts and circumstances are admitted or clearly established, the question becomes one of law.” Motor Vehicle Bd. of the Texas Dept. of Transp. v. … After a qualifying absence, the employer must restore the employee to the same position or a position comparable to that held by the employee before the leave. See id.

Thomas v. Lumpkin

995 F.3d 432 · Court of Appeals for the Fifth Circuit · Apr 23, 2021

The difficult issue is whether the state court made an unreasonable application of the clearly established law. … Of course, only the Supreme Court’s decisions constitute clearly established law under Section 2254(d)(1).

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

Eugenio L. Rodriguez v. Mike Holmes

963 F.2d 799 · Court of Appeals for the Fifth Circuit · Jun 24, 1992

The motion also asserted that the pendent state law claim of malicious prosecution should be dismissed for lack of an independent jurisdictional basis, and that the appellees were entitled to either absolute or qualified … immunity.

Deborah DEYO, Carroll S. Flinn and Sheila Bradley Crenshaw, Plaintiffs-Appellants, v. CITY OF DEER PARK, Defendant-Appellee

664 F.2d 518 · Court of Appeals for the Fifth Circuit · Dec 23, 1981

Effect of EEOC Error Title VII’s referral requirement establishes duties for both the grievant and the EEOC. … The court rejected this argument: Section 2000e-5(e), . . . very clearly sets out only two requirements for an aggrieved party before he can initiate his action in the United States district court: (1) he must file a charge

National Labor Relations Board v. Datapoint Corporation

642 F.2d 123 · Court of Appeals for the Fifth Circuit · Apr 8, 1981

The court explicitly adopted that standard for determining concerted activity established by the Third Circuit in Mushroom Transportation Co. v. … The present ease clearly fails to meet the Mushroom Transportation standard.

United States v. Bobby Curtis

753 F.3d 562 · Court of Appeals for the Fifth Circuit · Jun 3, 2014

The E-Rate Program provides discounts to qualifying schools and libraries on eligible telecommunication or internet services by paying a percentage of the fee for such services. … Curtis does not argue that the court’s factual findings in this regard are “clearly erroneous,” nor does the record suggest that they are implausible. See United States v.

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.

United States v. Brown

54 F.3d 234 · Court of Appeals for the Fifth Circuit · May 26, 1995

Customs Service established surveillance on the vessel upon its arrival into the Port of Gramercy. … The commentary to this section clarifies that "to qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence (or, if the defendant escaped, would have served

Mcdermott International, Inc. v. Lloyds Underwriters Of London

944 F.2d 1199 · Court of Appeals for the Fifth Circuit · Oct 30, 1991

Seguros, a foreign-state-owned company, qualified as a foreign sovereign under the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1603 . Seguros exercised its FSIA right to remove the case to federal court. … possible significance of that case's forum selection clause was to waive removal rights. 931 F.2d at 15-16 ; see also Keaty, 503 F.2d at 956-57 (no waiver of removal rights where forum selection clause does not "on its face, clearly

Bennett v. State of Louisiana

Court of Appeals for the Fifth Circuit · Jan 15, 2009

This Court engages in a bifurcated analysis to determine if a defendant is entitled to qualified immunity. Id. … The Appellees, therefore, are entitled to qualified immunity. IV.