Case law

Heimann v. National Elevator Industry Pension Fund

187 F.3d 493 · Court of Appeals for the Fifth Circuit · Aug 30, 1999

As the Supreme Court has noted, claims under the Labor-Management Relations Act of 1947 ("LMRA") have long qualified for complete preemption. … As we read this passage, however, the qualifying word ‘primarily’ leaves room for a construction that extends section 510 protection to vested employees as well.”)

United States v. Scroggins

599 F.3d 433 · Court of Appeals for the Fifth Circuit · Mar 4, 2010

Scroggins then attempted to stipulate to factual guilt at a bench trial, and thereby qualify for acceptance of responsibility for sentencing purposes under United States v. … Scroggins does not assert that these findings were clearly erroneous.

Coliseum Square Ass'n v. Jackson

465 F.3d 215 · Court of Appeals for the Fifth Circuit · Sep 21, 2006

Furthermore, "an agency must have discretion to rely on the reasonable opinions of its own qualified experts, even if, as an original matter, a court might find contrary views more persuasive." Marsh v. … Unless the district court clearly abused its discretion in determining that plaintiffs’ motion neither established a manifest error of law or fact nor presented newly discovered evidence, the district

Harold v. Beighley v. Federal Deposit Insurance Corporation, Etc.

868 F.2d 776 · Court of Appeals for the Fifth Circuit · Apr 27, 1989

Finally, the fact that Moncor Bank issued written loan commitments to third party purchasers and drew up documents for a closing on the Gaines County property does not establish, within the requirements of § 1823(e), that … Other assets that did not qualify, including the Beighley note, were retained by the FDIC receiv *780 er.

Baton Rouge Building and Construction Trades Council, Afl-Cio, Cross-Appellants v. E. C. Schafer Construction Company, Inc., Cross-Appellee

657 F.2d 806 · Court of Appeals for the Fifth Circuit · Oct 2, 1981

The court’s finding of fact here is not clearly erroneous and must be affirmed. Indeed, the unions in their cross-appeal do not challenge the factfinding as itself erroneous but rather attack its legal underpinnings. … “It is well established that union membership is not always an accurate barometer of union support.” 606 F.2d at 905 .

Stewart v. Bernstein

769 F.2d 1088 · Court of Appeals for the Fifth Circuit · Sep 3, 1985

We affirm. 4 * Medicaid is a program whereby participating states work with the federal government to provide medical assistance to qualified recipients. … created rights with no remedies--a result Congress clearly could not have intended.

Peak Laboratories, Inc. v. United States Postal Service

556 F.2d 1387 · Court of Appeals for the Fifth Circuit · Aug 8, 1977

No evidence was adduced, however, to establish that a Dr. … Morrison was not qualified to perform the reported project, that he had not made such a test, that his findings were different from those set forth in the advertisement, that the test methods were known to or should have

Annette M. Riner Suzette Marriott v. Allstate Life Insurance Company

131 F.3d 530 · Court of Appeals for the Fifth Circuit · Jan 14, 1998

That defense is qualified, however, by the statutory rule that statements made in a life insurance application are not admissible to establish a misrepresentation unless the application is attached to and made part *538 of … Marriott, a fact that is clearly relevant with respect to whether Mr. Marriott's answers were intentionally deceitful. 2 .

Mark Sumrell v. State of Mississippi

403 F. App'x 959 · Court of Appeals for the Fifth Circuit · Dec 9, 2010

Nevertheless, despite the procedural bar, the state supreme court also reviewed the merits of the claim and held that the pen pack established that Sumrell was a habitual offender. … not grant a writ of habeas corpus with respect to a claim decided on the merits in state court unless the state court’s judgment “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

United States v. Castillo

Court of Appeals for the Fifth Circuit · Dec 14, 2005

In this memorandum, Castillo argued that the district court should depart downward from the sentencing range established by the Guidelines for two reasons. … She also told the court that “I can’t say to the court that he qualifies.”

B. T. Woodard and B. J. Woodard, D/B/A Woodard Motor Company v. General Motors Corporation

298 F.2d 121 · Court of Appeals for the Fifth Circuit · Jan 11, 1962

“Once Dealer is established in facilities and at a location mutually satisfactory to Dealer and Chevrolet, Dealer will not move to or establish a new or different location, branch sales office, branch service station, or … The term ‘fair and equitable’ as used in the bill is qualified by the term ‘so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party.’

United States v. Norman L. Haymer

995 F.2d 550 · Court of Appeals for the Fifth Circuit · Jun 30, 1993

Distinguishing the right to appointed counsel from the right to trial by jury, the Court established a bright-line rule based on the punishment ultimately imposed, concluding "that incarceration was so severe a sanction that … the rule announced in Argersinger and, moreover, also violated the due process guarantee 9 and controlling state law. 10 37 I do not suggest that during or after the disposition of the case the defendant is or should be immune

17 Fair empl.prac.cas. 528, 14 Empl. Prac. Dec. P 7813 Eddie Stallworth v. Monsanto Company v. J. W. Palmer, Movants-Appellants

558 F.2d 257 · Court of Appeals for the Fifth Circuit · Aug 29, 1977

But if we find that the district court was mistaken or clearly abused its discretion, then we retain jurisdiction and must reverse. … section (a) than if he qualifies for intervention under section (b).

Tobacco Accessories and Novelty Craftsmen Merchants Association of Louisiana v. David C. Treen, as Governor of Louisiana

681 F.2d 378 · Court of Appeals for the Fifth Circuit · Jul 29, 1982

Appellants’ suggestions that this qualifying clause refers to the purchaser or manufacturer, but not the seller, and that the definitions of § 1031 cannot be read into § 1033, are not persuasive. … Hummel, owner of The Establishment, Inc. 2 . United States Deputy Assistant Attorney General Irvin B.

In Re: Larry Swearingen

935 F.3d 415 · Court of Appeals for the Fifth Circuit · Aug 16, 2019

The letter first notes that Carradine “was qualified” to opine about contamination “within the DPS laboratory or based on the packaging and condition of the evidence,” but that she lacked “direct knowledge” about how the … And even if we assume the foreign DNA under Trotter’s fingernails was not from contamination, that would not clearly and convincingly exonerate Swearingen.

United States v. Patty McClain Mike Bradshaw, Ada Eveleigh Simpson and William Clark Simpson

593 F.2d 658 · Court of Appeals for the Fifth Circuit · Apr 23, 1979

Yet the great weight of the government’s new expert testimony indicated that his earlier conclusion might still be the proper view of Mexican law — at least as interpreted by some of the few Mexican nationals qualified to … On numerous occasions during the trial the judge had clearly indicated his intent to give this issue to the jury.

Laker v. Vallette (In Re Toyota of Jefferson, Inc.)

14 F.3d 1088 · Court of Appeals for the Fifth Circuit · Feb 28, 1994

Thus, we review issues of law de novo and findings of fact under the clearly erroneous standard. James, 981 F.2d at 812. III. … The bankruptcy trustee argues that none of the preferential transfers made by Toyota qualify for the § 547(c)(4) exception "because [Toyota] repaid all the funds that Amelia Normand lent it.

Sue Bell v. Hercules Liftboat Company LLC

524 F. App'x 64 · Court of Appeals for the Fifth Circuit · Apr 11, 2013

In June, Hercules moved for summary judgment on Bell’s LEDL disability discrimination claim, urging that the record conclusively established that Bell was not “otherwise qualified” at the time of her termination. … To establish a disability discrimination claim under the LEDL, a plaintiff must show, among other things, that she was (1) “disabled” and (2) “otherwise qualified” at the time of the complained-of employment action.10 Here

United States v. Robert Glynn Chambers

922 F.2d 228 · Court of Appeals for the Fifth Circuit · Feb 21, 1991

[T]he disability [of a conviction] may be removed by a qualifying pardon or the Secretary's consent. … self-help; rather, the accused held under such an indictment resorts to the judicial remedy of habeas corpus; he is presumably not free to simply walk away from pretrial (or post-conviction) confinement without first judicially establishing

Alpha v. Hooper

100 F. App'x 999 · Court of Appeals for the Fifth Circuit · Jun 21, 2004

PER CURIAM:* Deputy Matt Hooper appeals the district court’s denial of his motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 suit. … immunity determination; the evidence establishes without dispute that Jerry Lynn Anderson posed an immediate and serious threat to him; and his actions were reasonable in light of the threat posed by Anderson.