Legal Opinion

Malacara v. Garber

Court of Appeals for the Fifth Circuit

Decided December 12, 2003No. 03-40144PublishedCited by 790 opinions

1Opinion of the Court

ROSENTHAL, District Judge:

This appeal requires this court to examine the family business exemption from the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”), 29 U.S.C. §§ 1801 et seq. Appellants, two Texas-based migrant farmworkers, alleged that appellee, the owner of a family farm, deliberately discouraged them from accepting employment so he could import workers under a program that requires farmers first to attempt to hire American workers before receiving visas for foreign workers. Appellants alleged that appellee’s conduct violated the AWPA and that his misrepresentations…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998

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3Cited by790 opinions

  1. Pioneer Exploration, L.L.C. v. Steadfast InsuranceCourt of Appeals for the Fifth Circuit · 2014
  2. Jackson v. Cal-Western Packaging Corp.Court of Appeals for the Fifth Circuit · 2010
  3. Jackie Outley v. Luke & Associates, Inc.Court of Appeals for the Fifth Circuit · 2016
  4. CQ, Inc. v. TXU Mining Co., L.P.Court of Appeals for the Fifth Circuit · 2009
  5. John David Smith, of the Estate of Louis R. Smith, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 2004

785 more not listed; retrieve them via the Exa API.

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