Case law

National Labor Relations Board v. J. P. Stevens & Company, Inc., Gulistan Division

538 F.2d 1152 · Court of Appeals for the Fifth Circuit · Sep 20, 1976

This must be qualified, of course, with the caveat that we have no authority to compel Stevens to agree contractually to anything. It does not have to agree; it must, however, bargain in good faith. … Management discretion, rather than well established rules, decided each variable. Consequently, Stevens’ action was not a “mere continuation of the status quo”.

Farber v. Crestwood Midstream Partners L.P.

863 F.3d 410 · Court of Appeals for the Fifth Circuit · Jul 17, 2017

But then the Devlin Court came along and concluded that it should carve out a limited exception to this well-established rule: “[N]onnamed class members . . . who have objected in a timely manner to approval of the settlement … In short, what we have decided today is consistent with the application of Devlin to nonparty objectors. 12 Duggan fails to qualify for the Devlin exception, and, because Duggan is also a nonparty to the judgment

United States v. Nora

988 F.3d 823 · Court of Appeals for the Fifth Circuit · Feb 24, 2021

As part of Abide’s business model, it would “provide home health services to qualified patients and then bill Medicare accordingly.” … Indeed, Nora worked with individuals at Abide who clearly understood that Abide was engaging in wide- spread unlawful and fraudulent activity.

Covan v. Ingalls Shipbuilding

129 F.3d 607 · Court of Appeals for the Fifth Circuit · Sep 25, 1997

The ALJ heard testimony from a vocational counselor who testified that Covan was qualified for eight specific available job openings at the time of trial. … Furthermore, Covan mischaracterizes the ALJ’s finding regarding her job search, for the language of the ALJ decision clearly shows Covan failed to persuade the court on this issue: “Although claimant did testify to a diligent

Matrix Essentials, Inc. v. Emporium Drug Mart, Inc., of Lafayette

988 F.2d 587 · Court of Appeals for the Fifth Circuit · Apr 19, 1993

The evidence before the district court clearly establishes that, although Matrix spends a great deal of time and money educating cosmetologists in the use and sale of its products, it does not require, monitor, or otherwise … Hunt, 694 F.2d 1358 (5th Cir.1983), that: 38 "A litigant should enjoy petitioning immunity from the antitrust laws so long as a genuine desire for judicial relief is a significant motivating factor underlying the suit.

Griffith v. Lone Star FLCA

Court of Appeals for the Fifth Circuit · Jan 30, 2023

Relying on the clearly erroneous standard of review, it explained that “because the bankruptcy court’s finding that Mr. … Because the bankruptcy notice does not qualify as a written change of address request, we affirm. IV.

Aida Ramos v. Mohamed Al-Bataineh

599 F. App'x 548 · Court of Appeals for the Fifth Circuit · Mar 30, 2015

This, in the district court’s opinion, “clearly rose above the level of negligence to willfulness.” … Thus, the district court did not clearly err. We AFFIRM. 6

Odes Ho Kim v. Dome Entertainment Center, Inc.

748 F.3d 647 · Court of Appeals for the Fifth Circuit · Apr 9, 2014

The Texas Constitution and the Texas Property Code protect property that qualifies as a homestead from “forced sale[] for the payment of all debts,” with enumerated exceptions such as a purchase money lien, property taxes … made within 1,215 before she filed for bankruptcy.50 The question was whether a $146,450 cap51 on state-law homestead exemptions under 11 U.S.C. § 522(p)(1) applied.52 We held in Rogers that “a homestead interest established

Sutton v. United States

157 F.2d 661 · Court of Appeals for the Fifth Circuit · Aug 28, 1946

It further held that every ingredient of which the offense is composed must be clearly and accurately alleged. … S. 606 , at pages 609, 610, 18 S.Ct. 774 , at page 775, 42 L.Ed. 1162 , the court said: "We have no disposition to qualify what has already been frequently decided by this court, that where the crime is a statutory one it

Carter v. Burnet County Jail

82 F. App'x 864 · Court of Appeals for the Fifth Circuit · Dec 9, 2003

PER CURIAM:* Jackie Flowers, Judith Bennett, and Peggy Edwards appeal their denial of qualified immunity in this 42 U.S.C. § 1983 action. … The denial of a motion for summary judgment based on qualified immunity is immediately appealable only when based on an issue of law. Rodriguez v. Neeley, 169 F.3d 220, 222 (5th Cir. 1999).

Lawrence Kyle v. Rick Thaler, Director

354 F. App'x 103 · Court of Appeals for the Fifth Circuit · Nov 16, 2009

For the former, the Court explained: 3  No. 07-50026 A state-court decision will certainly be contrary to our clearly established … as a decision ‘involv[ing] an unreasonable application of . . . clearly established Federal law’”.

Omega Hospital, L.L.C. v. Louisiana Health Service & Indemnity Co.

592 F. App'x 268 · Court of Appeals for the Fifth Circuit · Nov 18, 2014

When Congress enacted FEHBA it charged the Office of Personnel Management (“OPM”) with negotiating contracts with qualified insurance carriers to provide health benefit plans for federal employees. … Moreover, with respect to Omega’s argument that Blue Cross could not assert a colorable federal defense, such as sovereign immunity, we note that courts have rejected similar arguments.

Harris v. Brazos County

Court of Appeals for the Fifth Circuit · Jun 28, 2001

immunity. … Because Harris has not established that a city official or employee violated her constitutional rights, she has failed to establish that the City of Lacy Lakeview is liable for an alleged constitution violation or for a

Texas Employers' Insurance Association v. Leroy Jackson

862 F.2d 491 · Court of Appeals for the Fifth Circuit · Dec 13, 1988

More specifically, the Court has clearly held that the only exceptions to section 2283 are those three expressly stated therein. … This principle has particular applicability when claim preclusion is sought to be established on the basis of a prior administrative proceeding.

Harris v. Double G Coatings

114 F.3d 1184 · Court of Appeals for the Fifth Circuit · May 7, 1997

In sum, our record review convinces us that Harris was not “clearly better qualified” than Bagwell for the job. … Our conclusion that Harris was not “clearly better qualified” than Bagwell does not end our consideration of Harris’s claim, as it is possible that Harris may be able to establish discriminatory intent by other evidence

Hope Medical Group For Women v. Edwards

63 F.3d 418 · Court of Appeals for the Fifth Circuit · Oct 17, 1995

Title XIX establishes the Medicaid program, a jointly funded federal-state program designed to provide medical care for qualified individuals "whose income and resources are insufficient to meet the costs of necessary medical … The plain meaning of a statute's language governs its construction unless so doing would clearly violate congressional intent or lead to absurd results. See United States v.

Willard Rushing and Patricia Rushing v. Kansas City Southern Railway Company

185 F.3d 496 · Court of Appeals for the Fifth Circuit · Aug 30, 1999

They offered more: They both attested that the night in question was atypicalan assessment they are qualified to make. … Seidemann qualified to make the assertions contained in his affidavit?" "Did Dr.

United States v. Phillips

Court of Appeals for the Fifth Circuit · May 9, 2000

Smith, 203 F.3d 884, 891 (5th Cir. 2000) (finding the enhancement appropriate for someone whose “statement went far beyond merely denying her own involvement or refusing to provide information, which would not qualify … As this other conduct was neither the grounds for the enhancement nor is clearly established in the record, and because the grounds the district court relied on are incorrect, we disagree that an appeal of the enhancement

SEC v. Novinger

40 F.4th 297 · Court of Appeals for the Fifth Circuit · Jul 12, 2022

Finally, it observed that “jurisdictional and notice failings . . . define void judgments that qualify for relief under Rule 60(b)(4).” Id. at 273 (emphasis added). … The movant “bears the burden of establishing that changed circumstances warrant relief.” Horne, 557 U.S. at 447.

United States v. Garza

250 F. App'x 67 · Court of Appeals for the Fifth Circuit · Oct 4, 2007

The court found that the wording of 8 U.S.C. § 1101(a)(43) “makes evident that Congress clearly intended state crimes to serve as predicate offenses for the purpose of defining what constitutes an aggravated felony.” … LEXIS 20582 (3d Cir. 2007) (conviction under state statute does not qualify as an aggravated felony because an individual may violate state statute without that conviction qualifying as a federal felony).