Case law

Falsone v. United States

205 F.2d 734 · Court of Appeals for the Fifth Circuit · Jun 26, 1953

Clearly, in the part of Rule 81(a) (3) quoted, supra, when construed in connection with Rule 43(a), it was not intended to make so radical a change in administrative procedure as to require that such agencies be restricted … “(ii) Certified public accountants who have duly qualified to practice as certified public accountants in their own names, under the laws and regulations of any State or Territory, or the District of Columbia, and who are

United States v. Eric McGinnis

Court of Appeals for the Fifth Circuit · Apr 21, 2020

To sustain a facial challenge, “the challenger must establish that no set of circumstances exists under which the [statute] would be valid.” United States v. Salerno, 481 U.S. 739, 745 (1987). … protective order clearly and without implication prohibit the use, attempted use, or threatened use of physical force.

Ryan v. Flowserve Corp

Court of Appeals for the Fifth Circuit · Jun 22, 2009

And if a “complete” corrective disclosure were required, defendants could “immunize themselves with a protracted series of partial disclosures.” Freeland v. Iridium World Commc’ns, Ltd., 233 F.R.D. 40, 47 (D. … “Because the . . . release clearly concerned a significant revenue shortfall for [the] third fiscal quarter, the plaintiffs [had] shown the requisite link between the [release] and th[ose] earlier statements.”

James G. Davis v. State of Alabama

596 F.2d 1214 · Court of Appeals for the Fifth Circuit · Jun 13, 1979

The facts before the trial court that were potentially relevant to competency 18 clearly do not satis- fy the Bruce standard. … And with regard to the record now before us, if there is any evidence at all establishing ineffectiveness in this regard, it is clearly not sufficient in my opinion to allow this court to overturn the finding of the district

O'Reilly v. United States Army Corps of Engineers

477 F.3d 225 · Court of Appeals for the Fifth Circuit · Jan 25, 2007

NEPA requires an agency to produce a full EIS only where the agency proposes to undertake a project that qualifies as a “major Federal action[],” and then only when that action “significantly affect[s] the quality of the … Therefore we, like the district court, may only set aside the Corps’s decision not to prepare an EIS where a plaintiff establishes that the decision was “arbitrary, capricious, an abuse of discretion, or otherwise not

Joseph Taylor v. W. L. Sterrett, Judge John Whittington, Cross-Claimants-Appellants, Oak Lawn Preservation Society, Etc., Cross-Defendants

600 F.2d 1135 · Court of Appeals for the Fifth Circuit · Aug 16, 1979

Plaintiffs charged that they had been deprived of numerous rights, privileges and immunities guaranteed by the fourteenth amendment, including (a) the right to be free from cruel and unusual punishment, (b) the right to be … establishing minimum standards for the custody, care, and treatment of prisoners; (3) promulgate reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services

Miller v. Gorski Wladyslaw Estate

547 F.3d 273 · Court of Appeals for the Fifth Circuit · Oct 23, 2008

See 42 U.S.C. § 1396a(a)(23) (a state Medicaid plan must provide that “any individual eligible for medical assistance . . . may obtain such assistance from any institution, agency, community pharmacy, or person qualified … Those cases clearly recognized that a provider could assert its pre-existing hospital lien, even after a patient became eligible for Medicaid, so long as the provider did not bill and accept payment from Medicaid.

James C. Hobbs v. United States of America, Atomic Energy Commission

451 F.2d 849 · Court of Appeals for the Fifth Circuit · Dec 20, 1971

This license clearly does not establish a value for the H valve which is determinative of Hobbs’s present right to just compensation. … In Olsson the patent was not of general commercial value; here, the patent clearly is commercially valuable.

Junker v. Crory

650 F.2d 1349 · Court of Appeals for the Fifth Circuit · Jul 17, 1981

That finding, which is not directly attacked by the defendants on appeal, is not clearly erroneous. Thus, Junker owned 16.2% of Reco, i. e., 162 of 1000 outstanding shares of stock. … Id. 14 A merger may amount to a purchase or sale of a security for purposes of the federal securities laws. 15 Thus, the exchange of Junker’s Reco shares for stock in Road pursuant to the merger qualifies Junker as a purchaser

Bel Oil Corporation v. Federal Power Commission, Union Oil Company of California, and the Louisiana Land and Exploration Company v. Federal Power Commission, Morris Rauch v. Federal Power Commission

255 F.2d 548 · Court of Appeals for the Fifth Circuit · Apr 23, 1958

Order Postponing Action on Motion to Dismiss and Referring Proceedings to Examiner" in which it said: 7 "* * * The fact that contracts have been entered into in good faith and in arm's-length bargaining does not make them immune … This is clearly demonstrated by order No. 310 in Pan American Petroleum Corporation referred to above.

Aladdin's Castle, Inc. v. City of Mesquite

630 F.2d 1029 · Court of Appeals for the Fifth Circuit · Nov 17, 1980

to utilize coin-operated amusement devices in certain establishments. 4 The features of such establishments were defined in terms of Aladdin’s own policy and rules. … As for Justice Powell’s third element, the role of parents, clearly this concern militates against the ordinance, not for it.

Isaiah Russell Jones Robert Sparks, Jr. Herman Parks, Jr. v. Alcoa, Inc.

339 F.3d 359 · Court of Appeals for the Fifth Circuit · Aug 18, 2003

The plaintiffs’ claim, therefore, clearly implicates the rule of Delaware State College v. … Alcoa's evidence does not, of course, establish the respective tenure, in these departments, of white and black employees who were initially assigned to the areas in question.

Jane Doe I v. Juana Marine-Lombard

905 F.3d 290 · Court of Appeals for the Fifth Circuit · Sep 20, 2018

We are guided by a few established principles. … In one applicable precedent, the plaintiffs facially challenged a state’s disclosure requirements for political committees and certain qualifying individuals. Justice v.

Heard v. Bossier City

Court of Appeals for the Fifth Circuit · May 15, 2000

Finally, we reject Plaintiffs’ argument that the jury reached inconsistent verdicts in finding both that the Defendants used excessive force and that they were entitled to qualified immunity. … Trepagnier, 142 F.3d 791 (5th Cir. 1998), makes it clear that an officer may be entitled to qualified immunity even though he employed excessive force. Id. at 800.

Kevin Lampkin v. UBS Painewebber, Inc., et

925 F.3d 727 · Court of Appeals for the Fifth Circuit · May 24, 2019

. § 230.701(b)(1). 41 Id. 42 Id. 43 In addition to Rule 701, the SEC considered whether the Google option grants qualified under Section 4(2), which exempts certain private security offerings and … Plaintiffs also submit that the proposed amendment was “clearly” important given the dismissal in the case.

American Guarantee And Liability Insurance Company v. The 1906 Company

129 F.3d 802 · Court of Appeals for the Fifth Circuit · Dec 9, 1997

Rather, the decisive fact in this case was that John Thomson was videotaping the undressed women without their permission and was clearly serving his own purpose in that respect. … I remain mindful of the long-established rule of Mississippi contract construction that directs that ambiguities be resolved against the insurer. Gunn, 605 So.2d at 746 .

Davis v. Burks

Court of Appeals for the Fifth Circuit · Apr 29, 1997

Both defendants moved for summary judgment on the basis of qualified immunity, which the district court granted in part and denied in part. … The record clearly shows that Burks made numerous attempts to treat Davis’s ailments and that Burks scheduled Davis to see Dr. Fearis when the antibiotics worsened Davis’s condition.

Dallas Power & Light Company v. Westinghouse Electric Corporation

855 F.2d 203 · Court of Appeals for the Fifth Circuit · Sep 19, 1988

DP & L has produced no proof establishing that the generator rotor was removed for servicing and that Westinghouse undertook any inspection of the generator on or after March 6, 1982. … The summary judgment evidence established that Mr. Hardin could not have had responsibility for the lockplates except where they were removed and available for inspection.

Spring Branch Indep Sch Dist v. O.W.

938 F.3d 695 · Court of Appeals for the Fifth Circuit · Sep 16, 2019

At the October 8 meeting, the School District determined that O.W. qualified for § 504 accommodations. … “Mixed questions should be reviewed under the clearly erroneous standard if 8 The IDEA’s “stay put” provision provides that “during the pendency of any proceedings conducted pursuant to this section, unless the

National Labor Relations Board v. Golden Age Beverage Company

415 F.2d 26 · Court of Appeals for the Fifth Circuit · Jul 7, 1969

This qualified right to a hearing is designed to resolve expeditiously questions preliminary to the establishment of the bargaining relationship and to preclude the opportunity for protracted delay of certification of the … It is well established that a hearing is not required in every case to determine the validity of objections to a Board-conducted election, N.L.R.B. v.