Case law

Castillo v. Montelepre, Inc.

999 F.2d 931 · Court of Appeals for the Fifth Circuit · Aug 25, 1993

The Medical Malpractice Act Louisiana has established a statutory scheme for the prosecution of medical malpractice claims against qualified health care providers. … In the event a qualified provider settles for its $100,000 policy limits, its liability becomes "admitted and established" for the purposes of any subsequent action by the malpractice victim against the Fund for additional

Pederson v. LA State University

213 F.3d 858 · Court of Appeals for the Fifth Circuit · Jan 27, 2000

Id. at 115 n.2. 6 capacities on the basis of qualified immunity, and also dismissed the remaining § 1983 and Fourteenth Amendment claims. … See Appellants’ Brief at 34-35 (“Although the District Court (contrary to Rules 23 and 52) made no factual findings supporting its holding as to numerosity, the trial evidence clearly established the numerosity element

Wallace Watts v. Odom Graves, Sheriff

720 F.2d 1416 · Court of Appeals for the Fifth Circuit · Dec 12, 1983

The Supreme Court has clearly held in United States v. … The issuance of warrants is clearly within the course and scope of Rowe’s judicial function and he is therefore immune from any damage action occasioned thereby.

Mozell and Delores Brooks v. Walker County Hospital District

688 F.2d 334 · Court of Appeals for the Fifth Circuit · Oct 4, 1982

qualify for such care), their argument has some force. … Other cases involve the issue of the hospital’s governmental immunity. Ritch v.

United States v. Abrego

141 F.3d 142 · Court of Appeals for the Fifth Circuit · May 26, 1998

The transfer of the $108,000 to Vega clearly constituted “a giving over to the care or possession of another,” and thus a transaction for purposes of establishing a money laundering offense. … Coleman “ha[d] testified that he is not qualified as an expert in that area of practice.” The district court overruled the objection on the ground that Dr.

White v. Amoco Oil Co.

835 F.2d 1113 · Court of Appeals for the Fifth Circuit · Jan 19, 1988

These findings are not clearly erroneous. IV. … Even if the stipulations did not establish General Gas Company’s expertise, the district court’s finding that General Gas was a sophisticated user is not clearly erroneous. 4- Was the warning given adequate for a sophisticated

Eyoum v. INS

125 F.3d 889 · Court of Appeals for the Fifth Circuit · Oct 9, 1997

Second, Eyoum incorrectly assumes that he qualifies as an alien entrepreneur. … To qualify, an alien must demonstrate that he has established a commercial enterprise in which he has invested $500,000 to $1,000,000, and that the enterprise will create full- time employment for not fewer than ten American

Rogers v. Hooper

271 F. App'x 431 · Court of Appeals for the Fifth Circuit · Mar 27, 2008

qualified immunity defense fails. … We agree they were entitled to qualified immunity.

Onofre Serna v. The City of San Antonio Al Philippus

244 F.3d 479 · Court of Appeals for the Fifth Circuit · Mar 26, 2001

Moreover, Serna testified that he had never taken a qualifying examination or other steps to seek a promotion. … immunity, and certain damages issues. 2 .

Hetzel v. Bethlehem Steel Corp.

50 F.3d 360 · Court of Appeals for the Fifth Circuit · Apr 24, 1995

provisions of its own worker's compensation statute, it cannot supplant the immunity provision of the LHWCA. … Accepting the motion a day late was clearly within the court's discretion.

36 Fair empl.prac.cas. 1388, 36 Empl. Prac. Dec. P 34,946 Donald R. Lewis, for Himself and All Others Similarly Situated v. National Labor Relations Board

750 F.2d 1266 · Court of Appeals for the Fifth Circuit · Jan 18, 1985

In establishing an inference of discrimination from statistical evidence the "required comparison [is] to a qualified pool of employees presumptively eligible for promotion." Id. at 803 (emphasis added). … It cannot be said that, in doing so, the district court clearly erred. Lewis therefore failed to establish retaliation for his previous Title VII activity.

Lerma v. Bolger

689 F.2d 589 · Court of Appeals for the Fifth Circuit · Oct 18, 1982

Although he did not fall literally within the fourth requirement, we do find that he established a prima facie case in that he was equally qualified as the person chosen, who was not a minority. 6 Lerma having met his initial … Schwab was qualified for the position based on the neutral, standardized criteria used by the Post Office.

Jarvis v. Hall

Court of Appeals for the Fifth Circuit · Jun 5, 2023

Once a defendant raises qualified immunity, the burden shifts to the plaintiff to raise a genuine issue of material fact as to whether the alleged conduct violated a clearly established right. Id.; Cole v. … the officers violated a constitutional right, he has failed to demonstrate that “right was clearly established.”

Kathryn Rothkamm v. USA

Court of Appeals for the Fifth Circuit · Sep 22, 2015

The Supreme Court has “said on many occasions that a waiver of sovereign immunity must be ‘unequivocally expressed’ in statutory text.” 8 Legislative history cannot supply a waiver that is not clearly … First, under Chevron, if the language of the statute, § 7811(d), clearly provides for tolling (i.e., a waiver of sovereign immunity), then that ends the inquiry.

Virgie Lee Valley v. Rapides Prsh Sch Bd

Court of Appeals for the Fifth Circuit · Aug 28, 1997

Second, the appellants’ argument of qualified immunity is without merit. … It is well established law in this Circuit that the defenses of qualified and absolute immunity do not extend to suits for injunctive relief under 42 U.S.C. § 1983. Chrissy F. By Medley v.

Donnie Roberts v. Rick Thaler, Director

681 F.3d 597 · Court of Appeals for the Fifth Circuit · May 15, 2012

“A state court’s decision is contrary to clearly established federal law if it applies a rule that contradicts the governing law set forth in Supreme Court cases . . . or if the state court decide[s] a case differently than … Similarly, “[a] state court’s decision involves an unreasonable application of clearly established federal law if the state court ‘correctly identifies the governing legal rule but applies it unreasonably to the facts of

George v. SI Grp

36 F.4th 611 · Court of Appeals for the Fifth Circuit · Jun 3, 2022

The principles that govern the Rule 12(b)(6) inquiry are well established; we consider three of them. … Thus, Evergreen is immune from George’s products-liability claim unless George pleaded facts establishing Evergreen’s liability as a “nonmanufacturing seller” under subchapter 82.003.5 George argues that

Rodriguez v. Lozano

108 F. App'x 823 · Court of Appeals for the Fifth Circuit · Jun 17, 2004

Defendants moved for summary judgment on the basis of qualified immunity. … immunity because their conduct does not violate clearly established statutory or constitutional rights.27 Even if true, the allegations would not establish that Lozano and Alvarado were “aware of facts from which the

Baldwin v. Daniels

Court of Appeals for the Fifth Circuit · May 29, 2001

immunity and in requiring her to prove that Daniels’ actions were arbitrary and capricious in order to establish her procedural due process claim against him in his official capacity. … Accordingly, we need not address Baldwin’s claims regarding qualified immunity or jury instructions relating to this claim. IV.

Kimbell Foods, Inc. v. Republic National Bank Of Dallas

557 F.2d 491 · Court of Appeals for the Fifth Circuit · Oct 25, 1977

the parties' intention, the words of the contract clearly providing that the security agreement should cover future indebtedness. … This statute could be read as ameliorating the impact of the choateness doctrine by waiving the immunity it would grant, thus implicitly recognizing the applicability of the choateness doctrine to SBA liens.