Case law

Hope Medical Group for Women v. Edwards

63 F.3d 418 · Court of Appeals for the Fifth Circuit · Sep 11, 1995

Title XIX establishes the Medicaid program, a jointly funded federal-state program designed to provide *421 medical care for qualified individuals “whose income and resources are insufficient to meet the costs of necessary … The plain meaning of a statute’s language governs its construction unless so doing would clearly violate congressional intent or lead to absurd results. See United States v.

Coleman v. Crescent River Port

Court of Appeals for the Fifth Circuit · Jan 24, 2006

The receipts, minus general overhead expenses, are remitted monthly to member pilots in accordance with an established formula based on the number of days each individual was available for piloting. … Clearly not.

United States v. Javier Lopez Cantu

167 F.3d 198 · Court of Appeals for the Fifth Circuit · Mar 2, 1999

Standard of Review We review a district court’s determination that the jury was not improperly tainted by extrinsic evidence under the clearly erroneous standard, 1 and its choice of methods to investigate the possibility … Significantly, the government neither requested that the district court qualify Wood as an expert nor laid any foundation for treating him as such.

Communications Workers of America v. Ector County Hospital District

467 F.3d 427 · Court of Appeals for the Fifth Circuit · Oct 5, 2006

Under the Hospital’s established dress code policy, all employees were and are required to wear a uniform while on duty. … immunity (a ruling which has not since been questioned).

Louisville & Nashville Railroad Company v. Howard Williams

370 F.2d 839 · Court of Appeals for the Fifth Circuit · Dec 28, 1966

to his automobile, and requested the court to qualify the jury as to whether any were agents, employees or policyholders of that company, which request the court refused. … All this does not establish that this was a hazardous or an unusually dangerous crossing, but they are circumstances which you take into consideration to determine was it or not.

JIG the Third Corp. v. Puritan Marine Insurance Underwriters Corp.

519 F.2d 171 · Court of Appeals for the Fifth Circuit · Sep 15, 1975

This result is said to be the only proper one because the buyer and seller in such a situation clearly intended that all their future relations with respect to the chattel should be governed by the terms of the bargained … This exception to the ancient principle that a party may not immunize himself from the consequences of his own negligence is predicated upon the consideration that businessmen can bargain over which party is to bear the risk

Southern Pine Co. of Georgia v. Savannah Trust Co.

141 F. 802 · Court of Appeals for the Fifth Circuit · Dec 12, 1905

The established rule in such cases, from which we see no reason for departing in the present instance, seems to be that the findings of fact, dependent upon conflicting testimony, by a judge, master, or a referee, who sees … The principle announced is clearly stated by the Supreme Court of Georgia, in Bergan v. Magnus & Co., 98 Ga. 514 -516, 25 S. E. 570 .

Hendrix v. Joseph

559 F.2d 1265 · Court of Appeals for the Fifth Circuit · Sep 12, 1977

The district court concluded that the plan established by Act 685 did “operate to minimize or cancel out the voting strength” of the black minority in the county, and held *1268 the Act unconstitutional. … This clearly implies that although the population is 36% black, the percentage of voters who are black is significantly smaller.

LeMaire v. Louisiana Department of Transportation & Development

480 F.3d 383 · Court of Appeals for the Fifth Circuit · Feb 27, 2007

establishing legitimate non-retaliatory reasons for its actions. … This Court has clearly established that a defendant’s motion for summary judgment under Rule 56 is an appropriate vehicle for the district courts to use in weeding out of the litigation process those cases where

United States v. Dorothy Anne Stapf and B. T. Ware, Ii, Executors and Trustees of the Estate Oflowell H. Stapf, Deceased, and Dorothy Anne Stapf, Individually, Dorothy Anne Stapf and B. T. Ware, Ii, Executors and Trustees of the Estate Oflowell H. Stapf, Deceased, and Dorothy Anne Stapf, Individually v. United States

309 F.2d 592 · Court of Appeals for the Fifth Circuit · Sep 26, 1962

Such a statement is clearly incorrect. In Fidelity-Philadelphia Trust Co. v. … Community property may qualify for the marital deduction.

William Campbell v. Zayo Group, L.L.C.

656 F. App'x 711 · Court of Appeals for the Fifth Circuit · Aug 4, 2016

Campbell next contends that his firing was pretextual because (1) he was clearly better qualified than Vega for the new position and (2) Vega was not qualified for the position. … Even assuming Campbell presented sufficient evidence that he was clearly better qualified or that Vega was not qualified for the position, such evidence would not show in this case, as is relevant to pretext, that Zayo’s

James B. Jackson v. Harold Stinchcomb, Etc.

635 F.2d 462 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

even an invalid or an improper discharge from such an office, unaccompanied by some more precise claim of federal right than a general claim of lack of due process, is not the sort of deprivation of a right, privilege or immunity … Even when these two criteria are satisfied, thus establishing the power to exercise pendent *471 jurisdiction, the decision whether to exercise pendent jurisdiction is within the discretion of the trial judge.

Pan-Islamic Trade Corporation v. Exxon Corporation

632 F.2d 539 · Court of Appeals for the Fifth Circuit · Dec 10, 1980

In significant language qualifying the Poller caution against use of summary judgment in antitrust litigation, the Court stated: Essentially all that the lower courts held in this case was that Rule 56(e) placed upon Waldron … Such a fact, if established, might establish a motive for the oil companies to boycott Algerian oil after its nationalization of French oil. Ibid.

Anh Le v. Loretta Lynch

819 F.3d 98 · Court of Appeals for the Fifth Circuit · Feb 23, 2016

However, Martinez does not clearly state that the burden shifts to the Government to prove a lack of eligibility for relief where a record is inconclusive. … de novo whether the offense qualifies as an offense relating to a controlled substance under the INA.

United States v. Ven-Fuel, Inc.

602 F.2d 747 · Court of Appeals for the Fifth Circuit · Sep 18, 1979

To qualify as a “deepwater terminal operator,” the storage company was required to have special loading and storage capabilities set forth in the regulations. 12 . … The Government must of course establish each essential element beyond a reasonable doubt. See, e.g., United States v. Lange, 5 Cir., 1976, 528 F.2d 1280, 1288 . 19 . 32A CFR Ch. X § 12 (1973).

Martinelli v. Hearst Newspapers

65 F.4th 231 · Court of Appeals for the Fifth Circuit · Apr 13, 2023

Kwai Fun Wong, the Supreme Court held that procedural rules like time bars are jurisdictional “only if Congress has clearly stated as much.” 575 U.S. 402, 409 (2015). … Unlike in Bonvillian, here, intervening Supreme Court decisions have not unequivocally established a clear rule for determining when a statute of limitations is triggered by the discovery rule.

Chamber of Commerce of the U.S. v. U.S. Dep't of Labor

885 F.3d 360 · Court of Appeals for the Fifth Circuit · Mar 15, 2018

As the panel majority acknowledges, the DOL's authority to implement a new definition of investment-advice fiduciary implicates the two-step analytical framework established in Chevron . … panel majority relies on several Supreme Court cases in support of this position but fails to recognize a meaningful distinction between those opinions and the case sub judice : in each of these cases, the relevant agency clearly

National Labor Relations Board v. Varo, Inc.

425 F.2d 293 · Court of Appeals for the Fifth Circuit · Apr 20, 1970

The record clearly reflects that the Company failed to meet that burden. … The following Monday, Cherry received notice that he was being transferred because he was not “qualified” to work as an inspector.

Mary Jane Leete v. Director, Office Of Workers' Compensation Programs

790 F.2d 418 · Court of Appeals for the Fifth Circuit · May 23, 1986

Within a week of the decedent's death, the claimant and the other man established a "common law marriage." … Such conduct clearly could demonstrate a factual basis for a finding that the claimant made a conscious decision to sever the conjugal nexus

Lisa Chamberlin v. Marshall Fisher, Commissioner

885 F.3d 832 · Court of Appeals for the Fifth Circuit · Mar 20, 2018

Clearly Established Federal Law The district court’s interpretation of Miller-El II compelled its conclusion that the state court’s “failure to conduct a comparative analysis was contrary to clearly established federal … The district court thus erred twice as it pertains to the “clearly established law” ground for habeas relief under AEDPA.