Case law

Equal Employment Opportunity Commission v. Clear Lake Dodge

25 F.3d 265 · Court of Appeals for the Fifth Circuit · Jun 24, 1994

A district court's judgment cannot stand where its findings are clearly erroneous. FED. R. CIV. P. 52. … -13- its discretion or based its award on clearly erroneous findings of fact. Johnston v.

Valley Educational Foundation, Inc. v. Eldercare Properties Ltd. (In Re Eldercare Properties Ltd.)

568 F.3d 506 · Court of Appeals for the Fifth Circuit · May 13, 2009

We cannot conclude that the Bankruptcy Court clearly erred by declining to adopt VEF’s understanding of Hamel’s email. … At best, these contentions establish only abstract, de minimis harm.

Emmerich Nwspr v. Particle Media

Court of Appeals for the Fifth Circuit · Aug 27, 2026

Second, we find that the DMCA does not foreclose URLs from constituting CMI, but given the functional purpose of URLs, for a URL to be CMI, it would need to clearly convey the characteristics required by the statute. … Fair use operates as an affirmative defense, thus the alleged infringers have “the burden of establishing fair use.” Emmerich I, 2022 WL 3222892, at *3.

77 Fair empl.prac.cas. (Bna) 40, 73 Empl. Prac. Dec. P 45,437 Kordice M. Douglas, Plaintiff-Appellee-Cross-Appellant v. Dynmcdermott Petroleum Operations Company John Poindexter, Defendants-Appellants-Cross-Appellees

144 F.3d 364 · Court of Appeals for the Fifth Circuit · Jun 18, 1998

her five-page Response Letter, informally given to third parties, does not fall within that class of activities protected under the participation clause. 44 (3) 45 (a) 46 Our determination that Douglas's conduct does not qualify … We noted that Jefferies's conduct was clearly unreasonable in the light of the circumstances and her employer legitimately discharged her because of it.

United States v. Umawa Imo

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Instead, the Government has to establish “that the scheme depended for its success in some way upon the information and documents which passed through the mail.” Id. 3. Discussion a. … The district court has not clearly erred if its findings are “plausible in light of the record as a whole.” Id. (internal quotation marks and citation omitted).

Parker v. Hooper

Court of Appeals for the Fifth Circuit · Mar 30, 2026

Guerra, 38 F.4th 446, 448 (5th Cir. 2022) (dismissing an appeal of a qualified-immunity decision as untimely); Midland Asphalt Corp. v. United States, 489 U.S. 794, 795–800, 109 S. … Ct. 2321, 2328 (1991) (“mere negligence” does not establish a constitutional violation); Farmer, 511 U.S. at 844, 114 S.

Clyde Boyett v. Redland Insurance Co.

741 F.3d 604 · Court of Appeals for the Fifth Circuit · Jan 27, 2014

The district court concluded, at least implicitly, that the statute=s differentiation between the machines that qualify to be the insured motor vehicle and those that qualify to be the uninsured motor vehicle was deliberate … Indeed, the minimum liability limits for UM coverage under Section 1295(1)(a)(i) are established by reference to La. Rev. Stat. § 32:900, part of the LMVSRL.

Ins Co. of the State of PA v. Dir, Off of W

713 F.3d 779 · Court of Appeals for the Fifth Circuit · Feb 15, 2013

The Supreme Court has stated clearly that the Section 20(a) presumption applies to the claim. U.S. Indus., 455 U.S. at 612-13 , 102 S.Ct. 1312 . … The disease is believed to be caused by immune cells — which normally protect the body from foreign infection — attacking the body’s nerves.

Ltv Education Systems, Inc. v. T.H. Bell, in His Capacity as Commissioner of Education and United States of America v. Vought Corp. And Ltv Corp., Additional on Counterclaim-Appellants

862 F.2d 1168 · Court of Appeals for the Fifth Circuit · Feb 15, 1989

It argues, nevertheless, that it should receive the benefits of that settlement and therefore be immune from this suit because it made a joint settlement proposal with TBT, participated in the negotiations, and obtained an … Although we are clearly bound by our precedent denying equitable estoppel against the government for its FISLP activities, 21 we limit our holding that the government can recover payments from a third party pursuant to FISLP

Dougia v. Graves

181 F. App'x 438 · Court of Appeals for the Fifth Circuit · May 18, 2006

In the alternative, assuming for the sake of argument that Dougia had established a constitutional deprivation, the district court found that the remaining defendants were entitled to qualified immunity. … Nor does she challenge the finding of qualified immunity as to any defendant with the exception of Rodney Monk.

United States v. Therm-All, Inc., and Supreme Insulation, Inc.

373 F.3d 625 · Court of Appeals for the Fifth Circuit · Jul 14, 2004

Proof of an overt act taken in furtherance of the conspiracy within the statute of limitations period would clearly demonstrate the continued existence of the conspiracy. … The statute is said to be tolled as long as such qualifying acts continue to be committed.” Id. 6 .

Kelley v. Price-Macemon, Inc.

992 F.2d 1408 · Court of Appeals for the Fifth Circuit · Jun 15, 1993

As the moving party, Industrial bears the initial burden of establishing that there are no genuine issues of material fact. Celotex Corp. v. … Because we conclude that a remand for trial is not warranted, we clearly need not address these issues 8 We note that Mr.

Jules Simeon, Sr., and Ida Mae Griffin Simeon, Wife of Jules Simeon, Sr., Cross-Appellants, Cross-Appellees v. T. Smith & Son, Inc., Cross-Appellant v. Lumar Marine, Inc., Cross-Appellee

852 F.2d 1421 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

Compagnie Generale Transatlantique, 443 U.S. 256 , 99 S.Ct. 2753, 2757 , 61 L.Ed.2d 521 (1979) (same). 49 Sometimes a "concurrent" tort-feasor who is immune from the plaintiff's direct action and thus immune from a traditional … Neither of those maritime cases purports to eliminate the well established maritime rule of joint liability.

General Warehousemen & Helpers Local 767 v. Standard Brands, Inc.

560 F.2d 700 · Court of Appeals for the Fifth Circuit · Oct 11, 1977

Admittedly, the propriety of a damage award is not clearly established. Some doubt might be cast upon it by Carey v. Westinghouse Electric Corp., 375 U.S. 261 , 84 S.Ct. 401 , 11 L.Ed.2d 320 (1964). … Apparently the only contract violation which the arbitrators sought to remedy was the failure to apply the OCAW contract to the new operations and the court viewed this violation as immunized by the NLRB decision.

American Airlines, Incorporated City of Dallas, Texas Southwest Airlines Company Love Field Citizens Action Committee v. Department of Transportation, the City of Fort Worth Dallas-Fort Worth International Airport Board v. Department of Transportation

202 F.3d 788 · Court of Appeals for the Fifth Circuit · Feb 24, 2000

See, e.g., id. at 956 ("The extent of 'proprietary powers and rights' has not yet been established."). … Regional jets, it contends, "cannot qualify as 'commuter' aircraft." We disagree.

Jack H. Hayes and Jennifer Hayes, Cross-Appellants v. United States of America, Cross-Appellee. Jet East, Inc., Cross-Appellant v. United States of America, Cross-Appellee

899 F.2d 438 · Court of Appeals for the Fifth Circuit · May 1, 1990

It is thus subject to the clearly erroneous standard of review. Fed.R.Civ.P. 52(a). … This presumption may serve to establish fully the fact of due care in the absence of direct evidence to the contrary. See H.E. Butt Grocery Co. v.

United States v. Olga Murra

Court of Appeals for the Fifth Circuit · Jan 12, 2018

“A trial court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.” Brown v. Ill. Cent. R.R. … The singular conclusion arising from this discussion is that Murra has failed to establish waiver.

Adams v. Daimlerchrysler Services NA

252 F. App'x 681 · Court of Appeals for the Fifth Circuit · Oct 30, 2007

substantial evidence that she was “clearly better qualified” than the individuals who received the desired positions.7 We agree. … Adams has not presented evidence that she was clearly more qualified than Connerly and Fogg; if anything, the record shows the opposite.

Myers v. Crestone International LLC

121 F. App'x 25 · Court of Appeals for the Fifth Circuit · Jan 14, 2005

Despite Myers’s assertion that the sex of her 1 The district court found that Myers was not qualified for her job. … Such evidence is clearly insufficient for a reasonable jury to find a causal connection. C.

Spivey v. Wilson

Court of Appeals for the Fifth Circuit · Jun 22, 2021

inappropriate because the documents he submitted created a material factual dispute, Spivey does not address the district court’s conclusion that dismissal was warranted because the uncontested medical records established … immunity.