Case law

W. C. Sanderson v. Ford Motor Company, W. C. Sanderson v. United Automobile, Aerospace and Agricultural Implement Workers of America, Uaw, Local Union No. 255

483 F.2d 102 · Court of Appeals for the Fifth Circuit · Nov 21, 1973

The defense of the statute of limitations was clearly unsustainable. … Therefore, as openings occur within the plant, first consideration should be given to employes who qualify for such positions. B.

Spiller v. White

352 F.3d 235 · Court of Appeals for the Fifth Circuit · Jan 12, 2004

We think that the record clearly indicates that each of these factors received adequate attention and evaluation in the Lead Agencies' decision-making process. … human environment are likely to be highly controversial. (5) The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. (6) The degree to which the action may establish

United States v. Billy Mac Thompson

130 F.3d 676 · Court of Appeals for the Fifth Circuit · Dec 4, 1997

recordings falls within the ‘sound discretion’ of the trial court.” 6 We will reverse a decision to admit such evidence only if the court abuses its discretion — that is, if it relies on an incorrect view of the law or on clearly … In an adversarial system, a lawyer cannot be immune from warnings from his adversary. There is no indication that the threat ever was transferred from the defense lawyer to the witness.

Ruiz v. United States

243 F.3d 941 · Court of Appeals for the Fifth Circuit · Mar 23, 2001

The Court found that the statute clearly violated separation of powers principles in that it was retroactive legislation “requirfing] its own application in a case already finally adjudicated” and did “no more and no less … According to the court, a consent decree is a final judgment “immune to legislative tampering.”

Meredith v. Time Ins. Co.

Court of Appeals for the Fifth Circuit · Jan 4, 1993

These regulations clearly prevent Meredith from being simultaneously an employer and an employee. … Alexander Grant Co.30 we considered whether ERISA applied to a plan which, though otherwise qualified, only covered partners.

Smalley v. Ashcroft

Court of Appeals for the Fifth Circuit · Apr 12, 2004

The IJ next addressed whether Smalley qualified for an adjustment of status. … In addition, because of the great toll that drugs have exacted from our society, Smalley’s agreement to conceal drug money was clearly “contrary to the accepted rules of morality.”

Susan Joyce Dasher v. The Supreme Court of Texas, Etc.

658 F.2d 1045 · Court of Appeals for the Fifth Circuit · Oct 13, 1981

United States Supreme Court has jurisdiction to review, by writ of certiorari, Final judgments or decrees rendered by the highest court of a State in which a decision could be had .... where any title, right, privilege or immunity … Barrow’s letter changed the bar admission rules is clearly erroneous. We further conclude that even if we were to assume that Mr. Barrow’s letter altered the rules, Ms.

United States v. Koleowo Adesoye

383 F. App'x 421 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

Cantu, 185 F.3d 298, 302 (5th Cir. 1999) (breach of a cooperation agreement providing use immunity for defendant who provided incriminating evidence regarding others in exchange for a lesser sentence); United States v. … Adesoye cannot establish plain error because he has failed to prove by a preponderance of the evidence that the Government breached the proffer agreement.

United States v. Melvin Poitier and Warren Hope

623 F.2d 1017 · Court of Appeals for the Fifth Circuit · Aug 11, 1980

Finally, the tape recorded conversation between Hope and Fort clearly and severely incriminated Hope. Admission of the hearsay was harmless error. … Poitier seeks relief based on decisions in other circuits which hold: that the mere fact that a defendant told a willing buyer how to make contact with a willing seller does not establish membership in a conspiracy, United

Hulin v. Fibreboard Corp.

178 F.3d 316 · Court of Appeals for the Fifth Circuit · Jun 9, 1999

Because there was no majority opinion in Succession of Clivens, it is impossible to divine a clearly preponderate rationale for the result of that decision. … immunity, a well-established general legal rule that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, or (4) a principle of law, such as that of

Natural Resources Defense Council, Inc. v. Environmental Protection Agency

489 F.2d 390 · Court of Appeals for the Fifth Circuit · Feb 8, 1974

should have been disapproved because that statute, with its blanket protection of “any information” relating to trade secrets, would direct Geoi'gia officials to block public access to emission data where such data could qualify … It states that emission standards are to be established, and it says they shall be established by “a procedure similar to that provided by section 1857c-5”.

In The Matter Of T.B. Westex Foods, Inc.

950 F.2d 1187 · Court of Appeals for the Fifth Circuit · Jan 24, 1992

But Alaska is clearly no worse off, in respect to collecting Westex's debt to it, by reason of serving the November 1987 garnishments on Westex's banks. … Measure of Recovery 63 Our holdings that the November 1987 transfers from Westex to Alaska are avoidable and that they are recoverable from Alaska do not conclusively establish whether or what amount Westex will recover from

United States v. Norbert

990 F.3d 968 · Court of Appeals for the Fifth Circuit · Mar 16, 2021

Nothing in the record supports a finding that the district court’s factual finding on the sequence of events in this situation was clearly erroneous. … Once it’s established that officers had reasonable suspicion to Terry stop Norbert, everyone agrees his suppression motion fails.

Arthur Earl Marshall v. United States

422 F.2d 185 · Court of Appeals for the Fifth Circuit · Jan 22, 1970

Thus his shotgun after alteration clearly came within the statutory definition of a “firearm.” … firearm which he is qualified to manufacture without payment of the making tax.

Coleman Ex Rel. Estate of Coleman v. Champion International Corp.

992 F.2d 530 · Court of Appeals for the Fifth Circuit · Jun 1, 1993

Regis acquired Southland, Plan participants could elect to remain covered under the Plan or to shift their coverage to the qualified retirement plan sponsored by St. Regis. … Christopher clearly poses a different scenario than the one we face today.

Embry-Riddle Aeronautical University v. Ross Aviation, Inc., Local 2003 of the International Association of MacHinists and Aerospace Workers

504 F.2d 896 · Court of Appeals for the Fifth Circuit · Dec 2, 1974

The Supreme Court has made clear that unions do not enjoy absolute immunity. The exemption is generally said to be forfeited when the union joins with a nonlabor group in a scheme prohibited by the antitrust laws.. … The Court is of the opinion that the evidence upon the record in this case does not establish such dear and unequivocal proof as to warrant the Court in finding that the U.M.W. pursued its policy of uniformity of wage and

United States v. Burrell

634 F.3d 284 · Court of Appeals for the Fifth Circuit · Feb 15, 2011

The Government clearly did not intend to cite to the amended § 3161(h)(8)(A), which provides an exclusion only for “Any period of delay, not to exceed one year, ordered by a district court upon an application of a party and … Hamilton, the Third Circuit held that the Government did not demonstrate it had exercised due diligence because it did not attempt “to elicit the witness’s testimony by a grant of use immunity.” 46 F.3d 271, 279 (3d Cir.

George Jones v. Dustin Anderson

Court of Appeals for the Fifth Circuit · Jan 24, 2018

Anderson moved for summary judgment, arguing that there was no genuine issue of material fact that his actions did not rise to the level of an Eighth Amendment violation and were protected by qualified immunity. … Because Jones failed to establish the violation of a constitutional right, he has also failed to show that Anderson is not entitled to qualified immunity. See Kipps v. Caillier, 197 F.3d 765, 768 (5th Cir. 1999).

Globeranger Corp. v. Software AG United States of America, Inc.

836 F.3d 477 · Court of Appeals for the Fifth Circuit · Sep 7, 2016

At a minimum, components of the Navy Solution easily qualify as commercial computer software. … Co., 665 F.2d 1387, 1389 (5th Cir. 1982) (en banc) (explaining that we must follow our decisions interpreting state law unless a subsequent state court decision establishes that our prior decision is clearly wrong).

Theodros v. Gonzales

490 F.3d 396 · Court of Appeals for the Fifth Circuit · Jun 25, 2007

States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.” 2 requires, inter alia, an alien to be “admissible to the United States” in order to qualify … He also argues that the Nortel form cannot establish that he made a false representation for that employment since he could have (falsely) indicated he was a lawful permanent resident, which does not lead to the same