Case law

Hall v. National Gypsum Co.

105 F.3d 225 · Court of Appeals for the Fifth Circuit · Feb 6, 1997

It also stated that Hall was not entitled to benefits under the Plan because the Plan ceased to exist and because Hall did not qualify as an "employee" under the Plan. … We cannot say the district court's finding is clearly erroneous.

W. L. Dobbs, Mayor and City of Covington, Georgia v. Honorable Douglas M. Costle, Administrator

559 F.2d 946 · Court of Appeals for the Fifth Circuit · Sep 21, 1977

It sim *949 ply means the “beginning” or “commencement” of construction. 7 It is the terminus a quo from and after which the existence of construction is established. … Section 8 provided technological standards which had to be met in order to qualify for federal subsidy. In its original form it was Section 6 of the Water Pollution Control Act of June 30, 1948, 62 Stat. 1158 -59.

Infusion Resources, Inc. v. Minimed, Inc.

351 F.3d 688 · Court of Appeals for the Fifth Circuit · Dec 5, 2003

IIS, however, has not submitted evidence that either Secure Care Medical or National Diabetes Pharmacy qualified as “favored purchasers” at the time of the alleged price discrimination, when the Agreement with MiniMed was … The district court clearly stated that it analyzed IIS’s claim under LPDS, and whether IIS established the elements for such claim.

Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing, Plaintiff-Counter v. Cash Money Records Inc., Cash Money Records Inc. Terius Gray, Also Known as Juvenile, Defendants-Counter Claimants-Appellees, and UMG Recordings Inc., Universal Records Inc. Merged Into UMG Recordings Inc. Universal Music and Video Distribution Corp. Positive Black Talk Inc., Doing Business as Take Fo' Records, Doing Business as Take Fo' Publishing v. Cash Money Records Inc., Cash Money Records Inc. UMG Recording Inc., Universal Records, Inc. Universal Music and Video Distribution Corp. Terius Gray, Also Known as Juvenile

394 F.3d 357 · Court of Appeals for the Fifth Circuit · Dec 17, 2004

Furthermore, PBT produced another qualified expert witness, whose testimony largely replicated what Joyce would have offered, thus negating any claim PBT might have that its substantial rights were affected. … The language of Fogerty clearly allows for judicial discretion in determining whether attorney's fees should be awarded.

Wells Fargo Bank National Ass'n Ex Rel. Morgan Stanley Capital I Inc. v. Texas Grand Prairie Hotel Realty, L.L.C. (In Re Texas Grand Prairie Hotel Realty, L.L.C.)

710 F.3d 324 · Court of Appeals for the Fifth Circuit · Mar 4, 2013

At length, we turn to address whether the bankruptcy court clearly erred in assessing a 5% cramdown rate under § 1129(b). … On this record, we cannot conclude that the bankruptcy court’s cramdown rate calculation is clearly erroneous.

Szumigala v. Nationwide Mutual Insurance Company

853 F.2d 274 · Court of Appeals for the Fifth Circuit · Jul 26, 1988

We again quote what we construe to be the decisive qualifying phrase: 26 The affording of insurance ... to more than one automobile ... hereunder shall not operate to increase the limits of the Company's liability. 27 Even … Bad-Faith Refusal To Pay Stacked Medical Payment Benefits. 40 Having already established that the "limits of liability" clause contained in the multi-vehicle policy precludes stacking of medical payments coverages thereunder

Rodney Bethany v. Frank Reescano

419 F. App'x 498 · Court of Appeals for the Fifth Circuit · Mar 22, 2011

Because Bethany cites no case that, on facts materially similar to his own, clearly established the unconstitutionality of a policy such as his prison’s policy governing out-of-cell time, he fails to defeat Spurlock’s qualified … immunity defense.

Mr. And Mrs. A. T. Stanga v. McCormick Shipping Corporation

268 F.2d 544 · Court of Appeals for the Fifth Circuit · Jul 24, 1959

That this is wholly a state, not a Federal, question is clearly established by Perkins v. … Holmes was clearly not an “employee” either of Eastern or McCormick. Holmes’ function was limited.

Desormeaux v. Savoie

Court of Appeals for the Fifth Circuit · Aug 2, 2002

In Branti, 445 U.S. at 519, ceive qualified immunity requires answering the Court refined Justice Stewart’s hint of an three questions. … Id.3 official cannot use them, standing alone, to establish the qualified immunity defense.5 In Savoie does not explain

In Re: Orlando Hall

979 F.3d 339 · Court of Appeals for the Fifth Circuit · Oct 30, 2020

There are two ways for the Government to establish a “crime of violence” under 18 U.S.C. § 924(c)(3). … Walker, 934 F.3d 375, 379 (4th Cir. 2019) (“Accordingly, because . . . 18 U.S.C. § 1201(a) may be committed without violence, kidnapping clearly does not categori- cally qualify as a crime of violence under the force

Grilletta v. Lexington Insurance

558 F.3d 359 · Court of Appeals for the Fifth Circuit · Jan 8, 2009

Given that the trial consisted of a battle of qualified experts who all presented plausible theories, the district court was free to choose among these reasonable explanations in rendering its decision. … Lexington challenges this finding on appeal, but it fails to demonstrate how the court clearly erred.

LOUISIANA ENVIRONMENTAL ACTION v. Baton Rouge

677 F.3d 737 · Court of Appeals for the Fifth Circuit · Apr 17, 2012

One of these specified sections establishes the National Pollutant Discharge Elimination System (“NPDES”). 33 U.S.C. § 1342 . … LEAN argued that the Defendants cannot immunize themselves from liability for violations of the CWA by relying on the 2002 consent decree.

18 Fair empl.prac.cas. 1742, 17 Empl. Prac. Dec. P 8516 Johnny Williams, on Behalf of Himself and Other Persons Similarly Situated v. Dekalb County, a Political Subdivision of the State of Georgia

577 F.2d 248 · Court of Appeals for the Fifth Circuit · Oct 10, 1978

The Department cannot justify its failure to promote Williams by claiming that the white hired was the most highly qualified if another black applicant was better qualified. IV. … purpose which, if unrebutted, would establish liability.

J. B. Elkins v. Laura Stell Townsend

296 F.2d 172 · Court of Appeals for the Fifth Circuit · Nov 17, 1961

After Arthur’s death and the appointment of Laura, a native of Texas, as guardian of her two minor children, Judge Watkins represented Laura in ancillary proceedings in Webster Parish in having her qualified as tutrix for … There is nothing in • the deeds which clearly expresses an intention to renounce; and the Petroleum Company, not having clearly expressed in the acts its intention to renounce the Servitude, we are unauthorized to presume

Hinchman v. Parlin & Orendorff Co.

74 F. 698 · Court of Appeals for the Fifth Circuit · May 5, 1896

We do not clearly perceive how the trial judge reached the conclusion that the matters about which it was proposed to examine A. Hinchman were transactions with the deceased testatrix. … It seems to be established by the proof that about 10 years before those conveyances were made the claimant had a separate estate of about the value of $27,000.

Danso v. Gonzales

489 F.3d 709 · Court of Appeals for the Fifth Circuit · Jun 15, 2007

did the Ninth Circuit in Lujan-Armendariz, “[w]e realize that 5 convicted of a simple possession offense and rehabilitated under foreign law, if his post-conviction conduct would qualify … that his conviction was expunged under British law as “irrelevant,” because the ROA “was 24 Id. at 1011. 25 Id. 26 Id. 10 clearly

United States v. Patrick C. Richerson

833 F.2d 1147 · Court of Appeals for the Fifth Circuit · Dec 2, 1987

Billiot, the only qualified electrical man at Pool Offshore, had authority to make all of Pool Offshore's electronic equipment purchases. … The four italicized words, “[a] taxpayer must show” are clearly incorrect.

Ergon-West Virginia, Inc. v. Dynegy Marketing & Trade

706 F.3d 419 · Court of Appeals for the Fifth Circuit · Jan 22, 2013

STANDARD OF REVIEW “The standard of review for bench trials is well-established: ‘findings of fact are reviewed for clear error; legal issues de novo.’” Gebreyesus v. F.C. … The district court did not clearly err in finding that “reasonable dispatch” does not include a duty to try to secure replacement gas.

Tony D. Cowart v. United States

617 F.2d 112 · Court of Appeals for the Fifth Circuit · May 15, 1980

In light of this and other testimony, 18 we cannot say that the factual findings of the district court were clearly erroneous. … On cross-examination, the government sought to establish that this request was relatively low priority.

John Lormand, Cross-Appellee v. The Superior Oil Company, Cross-Appellee. And Aries Marine Corporation, Cross-Appellee, Cross-Claimant v. International Mooring & Marine, Cross-Appellants, and in Cross-Claim-Appellees

845 F.2d 536 · Court of Appeals for the Fifth Circuit · Jun 5, 1987

Discussion Seaman Status 8 The test for seaman status under the Jones Act is well established in this Circuit. Sitting en banc in Barrett v. … Ingalls Shipbuilding Division, 788 F.2d 264, 267 (5th Cir.), cert. denied, --- U.S. ----, 107 S.Ct. 278 , 93 L.Ed.2d 253 (1986); Barrett, 781 F.2d at 1074 . 9 Since the first prong of this test is disjunctive, a worker may qualify