Case law

Jose Hernandez v. Results Staffing, Incorporated

677 F. App'x 902 · Court of Appeals for the Fifth Circuit · Jan 30, 2017

“The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” Bd. of Trs. New Orleans Emp’rs Int’l Longshoremen’s Ass’n v. … But the record evidence clearly contradicts Results’s position.

Brown v. Unknown Cardiologist

Court of Appeals for the Fifth Circuit · Jul 25, 2002

The district court dismissed the claims on grounds that the claims were time-barred and lacked merit and that the defendants were entitled to immunity. … clearly established constitutional right under the Eighth Amendment.3 The summary judgment record establishes that Brown received competent medical care prior to and following his heart attack

Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.

659 F.2d 695 · Court of Appeals for the Fifth Circuit · Oct 23, 1981

Some words and phrases are patently distinctive and, therefore, qualify facially for legal protection, e. g., coined works like Kodak. … It is well established, however, that the “clearly erroneous” standard of appellate review is inapplicable when the trial court does not apply governing legal standards in making its findings.

Ellis Campbell, Jr., District Director of Internal Revenue v. J. M. Eastland and Montez Eastland

307 F.2d 478 · Court of Appeals for the Fifth Circuit · Jul 23, 1962

Thus, the plaintiffs were clearly entitled to discovery of any documents obtained from the plaintiffs’ files. … When the Government has refused to comply with discovery orders, *492 as a sanction under Rule 37, the court may declare as established particular matters of fact which the private litigant might have established through

Baker Hughes Proc & Pipel Svc v. UE Compression, L

938 F.3d 661 · Court of Appeals for the Fifth Circuit · Sep 12, 2019

Likewise, Section 9.2, which requires that personnel employed by UE be “competent, properly qualified, skilled, and experienced in accordance with good industry practice,” and Section 4.1, which requires UE to provide adequate … Baker Hughes does not argue that the court’s decision was based on a “clearly erroneous assessment of the evidence.”

Alex John, Jr. v. State of Louisiana (Board of Trustees for State Colleges and Universities)

757 F.2d 698 · Court of Appeals for the Fifth Circuit · Apr 15, 1985

motion to dismiss the section 1983 damages claims against the Board, the University, and Vines (in his official capacity) on the ground that these parties are “arms of the State” against whom, absent a waiver of sovereign immunity … Clearly, John is not asserting a new issue on appeal that was not before the district court; John is simply arguing that there is evidence in the record that defendants’ actions were “discriminatorily motivated.”

United States v. William Derosier and Mildred Derosier, D/B/A Northwood Bar

473 F.2d 749 · Court of Appeals for the Fifth Circuit · Jan 12, 1973

Obviously, then, an establishment which may meet the commerce connection requirement of § 2000a(c) (3) might nevertheless fail to qualify as a “place of entertainment” under § 2000a(b)(3). … Moreover, the list focuses on situations in which congressional action can clearly produce prompt and significant relief.” 110 Cong.Ree. 7383 (remarks of Senator Young). . Compare Daniel v.

American Standard Credit, Inc. v. National Cement Co., Programming and Systems, Inc., International Computer Corp.

643 F.2d 248 · Court of Appeals for the Fifth Circuit · Apr 20, 1981

In addressing the dispute between ASCI and National Cement, the court found that ASCI need not have qualified to do business in Alabama in order to prosecute its claim against National Cement. … Thus, to qualify as a buyer in ordinary course, NATISCO must have had no knowledge that the second sale was in violation of PSI’s ownership rights in the Scraper.

Sylvia Gone' v. J. Smith, II

Court of Appeals for the Fifth Circuit · Nov 20, 2019

Defendants’ requests for admissions relate to “the application of law to fact,” as permitted by Rule 36(a)(1)(A), because they ask whether Alejandro has evidence to overcome qualified immunity. See Mullenix v. … Ct. 305, 308 (2015) (noting that an officer is entitled to qualified immunity unless every reasonable official would have understood that the conduct was unconstitutional).

United States v. Gonzalez

76 F.3d 1339 · Court of Appeals for the Fifth Circuit · Feb 24, 1996

To qualify for this upward adjustment, the defendant must have been the organizer or leader of at least one of the other participants. Id., cmt. No. 2. … The district court did not clearly err in this regard. See United States v. Mir, 919 F.2d 940, 943 (5th Cir. 1990).

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Gulf Restoration Network, Inc. v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Ctr for Biological Diversity v. Ken Salazar

Court of Appeals for the Fifth Circuit · May 30, 2012

The DOI “is authorized to grant to the highest responsible qualified bidder or bidders by competitive bidding, under regulations promulgated in advance, any oil and gas lease on submerged lands of the [OCS].” … Considering first whether § 1349(c)(3)(A) “clearly states” that its participation requirement is “jurisdictional,” see Arbaugh, 546 U.S. at 515, we conclude that it clearly does not.

Hodges v. Delta Airlines, Inc.

44 F.3d 334 · Court of Appeals for the Fifth Circuit · Feb 15, 1995

Under the regulatory framework established by the FAA, the term “service” or “services” had an established definition, consistent with dictionary usage. 3 A vestige of that definition remains in what is left- of the federal … the operation or maintenance of aircraft ...” 49 U.S.C.App. § 1371(q) (1994); see also, 14 C.F.R. § 205.5 (a) (1992) (insurance regs.). 7 The importance of § 1371(q) cannot be understated, for it can only be understood to qualify

United States v. Gaytan

74 F.3d 545 · Court of Appeals for the Fifth Circuit · Jan 23, 1996

The court's findings are not clearly erroneous. … More than one person can qualify as a leader or organizer of a conspiracy. U.S.S.G. § 3B1.1, comment. (n.4).

Paul Burns v. K Mayes

369 F. App'x 526 · Court of Appeals for the Fifth Circuit · Feb 8, 2010

Judicial Immunity & Monell Immunity As the Supreme Court recently instructed, “[t]o survive a motion to 14 Abraham v. … -10-  Case: 09-20126 Document: 00511022513 Page: 11 Date Filed: 02/08/2010 defendants appearing before a judge of the 410th Judicial District, the SAP Program is clearly

United States v. Clark

582 F.3d 607 · Court of Appeals for the Fifth Circuit · Sep 10, 2009

Haff, 291 U.S. 559, 562 (1934), but that importation of aliens for polygamy does qualify as an immoral purpose, Cleveland v. United States, 329 U.S. 14, 18-19 (1946) (Mann Act). … To establish that the statute is facially vague, Clark must show that an ordinary person cannot understand what conduct it prohibits or that the statute encourages arbitrariness and discrimination by law enforcement.10 It