Case law
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Spector v. Norwegian Cruise Line Ltd.
356 F.3d 641 · Court of Appeals for the Fifth Circuit · Jan 12, 2004
Arabian American Oil Co., 499 U.S. 244, 111 S.Ct. 1227 (1991) (“ARAMCO”), amplifies the Supreme Court’s adherence to established principles of statutory construction and fundamental tenets of international law. … that qualify as public accommodations. Id. at 1241.
Reversed by Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 (2005)Cited 14 timesPublished658 F.2d 1088 · Court of Appeals for the Fifth Circuit · Oct 15, 1981
age group and that he has been adversely affected--discharged or demoted--by defendant's employment decision; 31 (2) showing that he was qualified to assume another position at the time of discharge or demotion; and 32 ( … The trial judge carefully considered the factors set forth in Johnson and clearly articulated his findings and reasons for the award. 50 Hedrick's counsel seeks an additional award of attorney's fees for his services rendered
Cited 0 timesPublishedCharles Sylvester Bell v. John C. Watkins, Commissioner, Mississippi Department of Corrections
692 F.2d 999 · Court of Appeals for the Fifth Circuit · Feb 28, 1983
Bell contends that the exclusion of four jurors for opposition to the death penalty violated the rule established in Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968). … The court should, however, have appointed counsel for the defendant to represent him during the habeas proceedings since he qualified for appointment under 28 U.S.C. § 3006A(g).
Cited 117 timesPublishedFrench v. Allstate Indemnity Co.
637 F.3d 571 · Court of Appeals for the Fifth Circuit · Apr 4, 2011
On appeal, the Plaintiffs do not dispute that they have not established the predicate requirement of actually incurring ALE. … On this record, we conclude that this determination is not clearly erroneous.
Cited 82 timesPublishedUnited States v. Henderson Clay Products
324 F.2d 7 · Court of Appeals for the Fifth Circuit · Dec 30, 1963
The Regulation does not allow the indiscriminate use of any price of a product of like kind and grade, but requires the price to be representative; “representative” should be interpreted to qualify the entire phrase “market … Clearly the Kentucky-Tennessee ball clay price of $10.50 per ton is not representative insofar as its use does not fulfill the statutory objective outlined above.
Cited 35 timesPublished873 F.3d 482 · Court of Appeals for the Fifth Circuit · Oct 13, 2017
of testimony from law- 2 Byron concedes that “there may have been pooling of resources, mutual access to firearms, or protection of turf.” 3 Appellants do not dispute that ROD had sufficient longevity to qualify … “A trial court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evi- dence.” United States v.
Cited 22 timesPublishedCourt of Appeals for the Fifth Circuit · Jan 7, 2021
Defendants’ immunity. … Thus, the allegations underlying the affidavit would be insufficient to establish a causal link between Doe’s speech and his dismissal.
Cited 0 timesUnpublishedM.C. Moore v. Tangipahoa Parish School Boar
507 F. App'x 389 · Court of Appeals for the Fifth Circuit · Jan 14, 2013
We are qualified and able to make a decision regarding Pullman, we unanimously agree that the criteria for that abstention have been satisfied, and the rationale underlying that doctrine—reducing friction between the federal … As described in more detail below, Pullman abstention is clearly and immediately warranted in this case.
Cited 17 timesUnpublished220 F.3d 396 · Court of Appeals for the Fifth Circuit · Jul 25, 2000
After a thorough examination of Appendix A and the remainder of the record, we agree with the district court on the initial level of abstraction analysis. ' The ACCESS program contains several features that qualify as an … The district court found that the evidence did not establish that IMC programmers copied the ACCESS program.
Cited 83 timesPublished893 F.2d 732 · Court of Appeals for the Fifth Circuit · Feb 6, 1990
The plaintiffs established an equal protection claim. … When Congress decides to speak clearly, however, we must listen with our ears sharply attuned.
Vacated on other grounds by Ayers v. Allain, 914 F.2d 676 (1990)Cited 38 timesPublished501 F.2d 220 · Court of Appeals for the Fifth Circuit · Oct 21, 1974
It is unnecessary to meet this contention, however, because the admission of such evidence was clearly authorized under § 892(b)(3)(B), which allows evidence of the debtor’s reasonable belief that the “creditor had a reputation … Appellant’s reputation for violence in collection practices had been established. Nor was Mrs.
Cited 13 timesPublished615 F.2d 343 · Court of Appeals for the Fifth Circuit · Apr 11, 1980
Competition clearly existed for the total retail market of entire municipalities, which could opt for service from Otter Tail or from the municipal system. … $807,092.95 and $991,303.78 and the figures for Westwood Mall between $529,109.51 and $1,448,463.35 9 At the outset of this discussion of legal issues, we note that the appellee HL & P filed a cross-appeal on the issues of (1) immunity
Cited 3 timesPublished949 F.2d 826 · Court of Appeals for the Fifth Circuit · Jan 7, 1992
This Circuit recognized in Loose that comparative fault displaces the traditional concept of tort immunity. … The record does not clearly indicate that the district court actually granted this permission.
Cited 74 timesPublished516 F.2d 1051 · Court of Appeals for the Fifth Circuit · Jul 31, 1975
In addition, it establishes a Commission whose professional qualifications and means of selection are delineated. … On review, we affirm the district court on the basis that its result finds support in the record and is not clearly erroneous.
Cited 98 timesPublishedKevin Larson, Jr. v. Amy Westbrook
Court of Appeals for the Fifth Circuit · Mar 31, 2020
use of force against another prisoner, Larson fails to establish an abuse of discretion, as he has not shown how the discovery was necessary to defeat the summary judgment motion. … Contrary to his contention, qualified immunity is a defense to an individual capacity lawsuit. See Sanders-Burns v. City of Plano, 594 F.3d 366, 379 (5th Cir. 2010).
Cited 0 timesUnpublishedOil, Chemical and Atomic Workers' International Union, Local 4-447 v. Chevron Chemical Company
815 F.2d 338 · Court of Appeals for the Fifth Circuit · Apr 28, 1987
Rather, the substantive claims of Glenn’s grievance are clearly arbitrable and, therefore, John Wiley directs that the procedural questions involving the grievance should also be decided by an arbitrator. … Selection will ... give preference to senior employees who are qualified and have satisfactorily performed in their regular assignments.”
Cited 42 timesPublishedGeorgia Power Co. v. 54.20 Acres of Land
563 F.2d 1178 · Court of Appeals for the Fifth Circuit · Nov 28, 1977
The county claimed immunity from suit under Georgia law. … Miller, 317 U.S. 369 , 63 S.Ct. 276 , 87 L.Ed. 336 (1943), clearly establish that compensation in federal condemnation is a federal question. 5 What these cases do not establish, as I think the *1196 majority incorrectly
Overruled by Georgia Power Co. v. 138.30 Acres of Land, 617 F.2d 1112 (1980)Cited 41 timesPublishedCourt of Appeals for the Fifth Circuit · Dec 2, 2020
Case: 18-60603 Document: 00515658303 Page: 2 Date Filed: 12/02/2020 No. 18-60603 that Officer Hoover was entitled to qualified immunity. … immunity.
Cited 0 timesUnpublishedWilliams v. Trader Publishing Co.
218 F.3d 481 · Court of Appeals for the Fifth Circuit · Jul 24, 2000
Accordingly, that Williams may not have established that she was replaced by a male employee does not necessarily mean that she failed to establish her prima facie case. … * * * Q: Is there anyone else who is more qualified to tell you how upset you felt because you were wrongfully terminated?
Cited 98 timesPublished703 F.2d 176 · Court of Appeals for the Fifth Circuit · Aug 8, 1983
United States Department of Labor, 622 F.2d 110, 113 (5th Cir.1980), cert. denied, 450 U.S. 966 , 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981). 13 Perini established that the use of this test is not necessary for water-based workers … He was clearly employed in maritime employment and therefore was within the compensation coverage afforded by the LHWCA. 15 For the reasons stated the order of the Benefits Review Board is 16 AFFIRMED. 1 The Outer Continental
Cited 0 timesPublished
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