Case law

United States v. Mark Green

455 F. App'x 469 · Court of Appeals for the Fifth Circuit · Dec 27, 2011

The testimony of Officer Silvio established that Green knowingly possessed a short-barreled shotgun at the time of his arrest, as the barrel of the shotgun was protruding from Green’s backpack. … Green argues that the district court erred in imposing a two-level enhancement pursuant to U.S.S.G. § 2B3.1(b)(3)(A) because the victim’s ringing in his ears was not qualifying a bodily injury.

Ernest D. Sharp, Wausau Insurance Companies--Part I, Intervenor-Appellant v. Johnson Brothers Corp., St. Paul Fire & Marine Insurance Company, Centennial Insurance Co. And Employers of Wausau Ins. Co.--Part Ii, Johnson Bros. Corporation and St. Paul Fire & Marine Ins. Co. v. Centennial Insurance Company

917 F.2d 885 · Court of Appeals for the Fifth Circuit · Nov 21, 1990

II. 9 To qualify as a seaman under the Jones Act, an injured maritime worker must establish that he was permanently assigned to or performed a substantial portion of his work aboard a vessel or fleet of vessels. … The district court concluded that none of the barges on which Sharp worked were vessels; thus, a reasonable juror could not find that Sharp was a seaman. 10 Our cases illustrate clearly "that the question of seaman status

United States v. Williams

610 F.3d 271 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

“A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” … Nine African–Americans were qualified for the jury pool, and the Government exercised peremptory strikes on five of them.

Perkins v. Texas Department of Criminal Justice-Correctional Institutional Division

514 F. App'x 488 · Court of Appeals for the Fifth Circuit · Feb 22, 2013

To prevail on such a claim, the plaintiff must establish that a defendant denied him treatment, purposefully gave him improper treatment, ignored his medical complaints, “or engaged in any similar conduct that would clearly … Perkins has also waived any argument that the magistrate judge erroneously determined that the defendants enjoyed Eleventh Amendment immunity to the extent that they were state agencies or were acting in an official capacity

Westport Ins v. PA Natl Mutual

117 F.4th 653 · Court of Appeals for the Fifth Circuit · Sep 18, 2024

The record establishes that CRC’s February 23, 2009 demand letter made no mention of any claims asserted by Highport. … We hold that Westport has failed to establish these elements and, thus, has failed to show that the district court’s failure to implement its requested instruction merits reversal.

Waffenschmidt v. Mackay

763 F.2d 711 · Court of Appeals for the Fifth Circuit · Jun 21, 1985

Heyman , however, is clearly distinguishable from the present controversy. … As will be shown in Part VI below, the district court’s findings are not clearly erroneous.

Robert William Bendelow v. United States

418 F.2d 42 · Court of Appeals for the Fifth Circuit · Sep 29, 1969

He set out to look for it, and had spotted it near a beer and wine joint called “Across the Ditch” when Jacob Jennings came out of the establishment and asked “What do you want? What’s the matter?” … Absent the compulsion of an authoritative decision, we are unwilling to sponsor for this Circuit a rule which would immunize a criminal defendant from attacks on his credibility by proof of prior convictions so long as he

Duran v. Schlumberger Technol

87 F.3d 1313 · Court of Appeals for the Fifth Circuit · Feb 26, 1996

A discharged employee establishes a prima facie case of employment discrimination by demonstrating that (1) he was qualified for the position, (2) he was discharged, (3) he was within the protected class, and … However, mere conclusory allegations will not establish competent summary judgment evidence. Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), cert. denied, 506 U.S. 825, 113 S. Ct. 82, 121 L. Ed. 2d 46 (1992).

Tandy Corporation v. United States

626 F.2d 1186 · Court of Appeals for the Fifth Circuit · Sep 29, 1980

Clearly, then, conversion was a more favorable economic choice than redemption. … According to Tandy, these three critical factors clearly distinguish this case from the two accrued interest cases (jBethlehem Steel and Columbia *1190 Gas) relied upon by the district court and establish that the accrued

15 Fair empl.prac.cas. 487, 14 Empl. Prac. Dec. P 7754 John D. Page and Don Thomas v. U. S. Industries, Inc., Rebecca Williams v. Cle Corporation, D/B/A Sheraton-Chateau Lemoyne

556 F.2d 346 · Court of Appeals for the Fifth Circuit · Jul 25, 1977

Williams qualifies as a "clerk" under the statute, we nevertheless conclude that the three-year statute does not apply. 24 Ms. … The law, however, has been clearly established in Title VII cases and such unfortunate incidents should not occur in the future. 1 In Zambuto we also stated that to be adequate as statutory notice of right-to-sue, the notice

Doe v. Silsbee Independent School District

440 F. App'x 421 · Court of Appeals for the Fifth Circuit · Sep 12, 2011

The district court did not award the Defendants attorney’s fees merely because H.S. had failed to establish a prima facie case. … But the presence of reasonable allegations in a suit does not immunize the plaintiff against paying for the fees that his frivolous claims imposed. 131 S.

DIRECTV, Inc. v. Robson

420 F.3d 532 · Court of Appeals for the Fifth Circuit · Aug 9, 2005

Indeed, it provides that “[a]ny person” who engages in the prohibited activities is liable.46 Section 605(e)(4), in its disjunctive list of prohibited activities, clearly covers the modification or assembly of pirate devices … That is, we offer no opinion at this time on whether Robson’s alleged actions in inserting a chip into an emulator qualify as “assembl[y]”58 or whether the alleged use of an unlooper to alter a DTV access card qualifies

State of Texas v. United States

50 F.4th 498 · Court of Appeals for the Fifth Circuit · Oct 5, 2022

Especially with the benefit of special solicitude, Texas has established that rescinding DACA would redress its harm. … Document: 00516498357 Page: 44 Date Filed: 10/05/2022 No. 21-40680 of discretion. 237 “A district court abuses its discretion if it (1) relies on clearly

Trey Wooley v. N&W Marine Towing

83 F.4th 329 · Court of Appeals for the Fifth Circuit · Oct 2, 2023

In Williams, a case was removed from Texas state court pursuant to the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. … § 1441(d), because a defendant, Pemex, qualified as a “foreign sovereign.” 985 F.2d at 810. Eventually, Pemex was dismissed.

Tittle v. Raines

Court of Appeals for the Fifth Circuit · May 28, 2003

Once the defendant moves for summary judgment on qualified immunity, the burden is on the plaintiff to come forward with proper summary judgment evidence sufficient to sustain a finding that qualified immunity is lacking … The defendants acted with probable cause to cause the case against Tittle to go forward and they are, therefore, entitled to qualified immunity on Tittle’s malicious prosecution claim.

United States v. Terminal Transport Co.

653 F.2d 1016 · Court of Appeals for the Fifth Circuit · Aug 21, 1981

Based on the record before us, the findings of the district court cannot be said to be clearly erroneous; nor can the further findings of the court, citing Johnson v. … That position is stated as follows: IBT asserts that IBT has not participated in, and is not chargeable with, Terminal’s discrimination; ... moreover, both IBT and Local 728 say that the agreements were established pursuant

Robbins Tire and Rubber Company v. National Labor Relations Board

563 F.2d 724 · Court of Appeals for the Fifth Circuit · Nov 21, 1977

The amendments were phrased instead to require agencies to establish under exemption 7(A) that interference with agency enforcement proceedings would result from disclosure. … This clearly implies that not all documents pertaining to pending proceedings are automatically exempted.”

Mercy Hospital of Laredo v. Heckler

777 F.2d 1028 · Court of Appeals for the Fifth Circuit · Dec 6, 1985

In return, PTA furnishes all qualified personnel, equipment and other supplies, including substitute physical therapists when necessary, twenty-four hour on-call (for traction), all equipment acquisition, maintenance, calibration … Clearly, many circumstances could give rise to one isolated therapist’s decision to accept a position at below prevailing salary levels and within guidelines limits.

Alcoa, Inc. v. National Labor Relations Board

849 F.3d 250 · Court of Appeals for the Fifth Circuit · Feb 22, 2017

And regardless of any requirement that TRACO follow Alcoa’s guidance, or lack thereof, Alcoa’s policy with regard to unions was also clearly presented in the TRACO employee 4 The Board’s decision was primarily based … When two entities qualify as a single employer, a court, among other things, considers whether the two entities share common control at a “policy level”— including over labor relations.

Bayou Landing, Ltd., D/B/A the Florida Book Mart v. Edgar Watts, Ouza, Inc., D/B/A the Palace Book Mart, Excalibur Books, Inc., D/B/A the Palace Book Store v. Edgar Watts, Jr.

563 F.2d 1172 · Court of Appeals for the Fifth Circuit · Nov 28, 1977

A city clearly can provide that certain establishments may only operate in specified neighborhoods, or must be located a specified distance from each other, even in a first amendment context. Young v. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities