Case law

Herb's Welding v. Gray

703 F.2d 176 · Court of Appeals for the Fifth Circuit · Apr 18, 1983

We need not reach this issue since we find that Gray qualifies for coverage under the LHWCA. … Perini established that the use of this test is not necessary for water-based workers injured upon navigable waters.

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.

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.

Birmingham Business College, Inc. v. Commissioner

276 F.2d 476 · Court of Appeals for the Fifth Circuit · Apr 4, 1960

The school was established as a corporation under a form which sought carefully to preserve an equality among the stockholders. … When it comes to the computation of gross and net income, we find no basis for holding the Tax Court’s action clearly erroneous.

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.

L. N. Childress and Roger W. Crampton v. E. A. Cook, Jr.

245 F.2d 798 · Court of Appeals for the Fifth Circuit · Jun 18, 1957

This finding is amply supported in the record and is certainly not “clearly erroneous,” rule 52(a), Fed.Rules Civ. … no doubt that there were a good many things said there in the conversations between these parties that were not preserved in the written memorandum, but I do think that so far as the written memorandum goes, that it is immune

In the Matter of Advisory Committee of Major Funding Corporation, Debtor. Advisory Committee of Major Funding Corporation v. Ronald J. Sommers

109 F.3d 219 · Court of Appeals for the Fifth Circuit · Apr 3, 1997

Therefore, to the extent that hiring an attorney to negotiate or pursue action against the Trustee is a duty of the committee, such expense is clearly subject to reimbursement from the Plan. … accountants, and other agents to represent or perform services for the committee, it has the duty to determine what assistance it requires in order to perform its duties, when such assistance is required, and to select those best qualified

Anthony Wright v. USA

639 F. App'x 219 · Court of Appeals for the Fifth Circuit · Jan 21, 2016

“The actual assault ‘thus serves only to establish the extent of the plaintiff's injury, not to establish the . . . breach of duty.’” Bodin, 46 F.3d at 489 (quoting Thigpen v. … However, the Mississippi Supreme Court has repeatedly recognized that an employer cannot be vicariously liable for its employees’ affairs because such affairs are “so clearly beyond an employee’s course and scope of employment

Branch v. Texas Lumber Manuf'g Co.

56 F. 707 · Court of Appeals for the Fifth Circuit · Jun 20, 1893

On the same day, Pedro Flores, the father of said Marie Louise Flores, was appointed such curator, and qualified by taking the required oath. On the same day (March 19,1838) said Marie Louise, signing herself “M. L. … But, if such a matter ever can he clearly shown, it is so shown by the record in this case, — that this erroneous view as to the law did not injure the plaintiffs in error.

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.

22 Fair empl.prac.cas. 1191, 23 Empl. Prac. Dec. P 30,891 Claudette T. Bourque, Cross v. Powell Electrical Manufacturing Company, Cross

617 F.2d 61 · Court of Appeals for the Fifth Circuit · May 28, 1980

The trial court's findings were not clearly erroneous. 9 Ms. Bourque contends that the district court erred in finding her departure from Powell's employ to have been voluntary. … Powell's discriminatory statements and his aversion to her promotion to buyer, a job for which she fully qualified. Mr.

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.

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.

STP Nuclear Operating Company v. NLRB

975 F.3d 507 · Court of Appeals for the Fifth Circuit · Sep 16, 2020

STP also points to record evidence establishing that unit supervisors are required to correct their subordinates. … Clearly this authority goes well beyond the mere “ad hoc instruction” and perfunctory prioritization that the Board acknowledged the maintenance supervisors possessed.

Witter v. Immigration & Naturalization Service

113 F.3d 549 · Court of Appeals for the Fifth Circuit · May 29, 1997

Under Texas law, three elements are necessary to establish a common law marriage. … To qualify for voluntary departure in lieu of deportation, Petitioners must establish that they have exhibited good moral character for at least five years prior to their request. INA § 244(e).