Case law

Donald Blackmon and Richard Glen Deyoung v. Brookshire Grocery Company

835 F.2d 1135 · Court of Appeals for the Fifth Circuit · Jan 22, 1988

There are two tests for determining whether a person qualifies as an exempt executive, the long test, 29 C.F.R. § 541.1 , and the short test, 29 C.F.R. § 541.119 . … The short test qualifies an employee as an executive if the employee is not a mechanic, carpenter, or other craftsman, and earns more than $250 per week.

Brown & Root, Inc. v. M/v Peisander, Etc.

648 F.2d 415 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

The phrase “unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading” clearly puts the burden on the Shipper to make the determination as between value … The Ninth Circuit characterized it: We and other courts interpret this to mean that under certain circumstances parties to a contract of carriage may limit a stevedore’s liability, but only if the intent to do so is clearly

Melancon v. Walsh

Court of Appeals for the Fifth Circuit · Feb 7, 2025

“The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established 6  Case: 24-30232 … right; and (2) whether the right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

In re: Martha Sewell

180 F.3d 707 · Court of Appeals for the Fifth Circuit · Jul 27, 1999

Prominent among such twin provisions is the requirement that an ERISA employee pension benefit plan contain a restriction on alienation of the beneficial interests of the participants in the plan.11 Clearly, an ERISA plan … As Judge Easterbrook went on to observe, “Subchapter I of ERISA covers every ‘employee benefit plan’ established by an employer engaged in interstate commerce, with five exceptions.”19 Like the plan sponsor in Baker, Home

Carlos Armenta v. Jacqueline Chatman

371 F. App'x 452 · Court of Appeals for the Fifth Circuit · Mar 16, 2010

Qualified Immunity Armenta argues that Defendants are not entitled to qualified immunity. … Once a public official raises the defense of qualified immunity, a plaintiff must demonstrate (1) a violation of a constitutional right and (2) that the right at issue was clearly established at the time of the violation.

United States v. John Henry McDuffie

542 F.2d 236 · Court of Appeals for the Fifth Circuit · Nov 10, 1976

This qualifier was held to have cured the otherwise erroneous portions of the instructions. Here the same qualifier was given verbatim in the instruction. … The procedure that should have been employed is well established.

Crown Zellerbach Corp. v. Ingram Industries, Inc.

783 F.2d 1296 · Court of Appeals for the Fifth Circuit · Mar 5, 1986

The nonliability is an absolute immunity, an immunity extended to each of the respective classes and to all of the members of each class. … To obtain the benefit of the Act the owners must establish a right to it.

Maude E. McDonald v. James G. Watt, Etc.

653 F.2d 1035 · Court of Appeals for the Fifth Circuit · Aug 21, 1981

Second, the Secretary conceded, in the reargument of the Pack case, that Stewart “was clearly going on the existing precedent” of the BLM. … recently “unqualified,” and most recently “qualified” once again'.

Acosta v. Williamson County

Court of Appeals for the Fifth Circuit · Aug 15, 2024

To overcome the defense of qualified immunity, a plaintiff must establish that: (1) the official violated the plaintiff’s statutory or constitutional right; and (2) the right was clearly established at the time of the violation … Acosta argues that the doctrine of qualified immunity should be abolished.

Cyiark v. City of Houston

82 F.3d 413 · Court of Appeals for the Fifth Circuit · Mar 11, 1996

a violation of clearly established law.”4 Our review of the complaint is de novo.5 Defendants contend that Cyiark’s allegations are not sufficiently particularized and therefore fail the “heightened pleading requirement … ” they assert is applicable in cases involving claims of qualified immunity.

Donald Burling v. Porsche Simon

406 F. App'x 855 · Court of Appeals for the Fifth Circuit · Dec 29, 2010

Burling contends alternatively that Simon was not entitled to qualified immunity because she did not order or recommend that he be transferred to a different housing unit. … However, Simon was “entitled to qualified immunity unless clearly established law showed that . . . [her] response was insufficient.” Johnson, 385 F.3d at 526.

Witherspoon v. White

111 F.3d 399 · Court of Appeals for the Fifth Circuit · Jun 2, 1997

Additionally, the magistrate judge found that the federal defendants were entitled to qualified immunity due to Witherspoon's inability to allege a constitutional deprivation. 4 The district court stated that … Thus, when the district court fails to clearly indicate that a judgment disposing of less than all parties was entered pursuant to Rule 54(b), the judgment is not considered final.

United States v. Articles of Food & Drug

518 F.2d 743 · Court of Appeals for the Fifth Circuit · Sep 8, 1975

As to the misbranded drug, the question is solely whether the court’s finding of fact was clearly erroneous. … The evidence here was similar to that in the other issues of this case, and the court’s conclusion was not clearly erroneous. Affirmed. .

Weeks v. Scott

55 F.3d 1059 · Court of Appeals for the Fifth Circuit · Jun 23, 1995

As Weeks states, "[p]rosecution evidence—especially the charlatanesque testimony in this case—cannot establish as "true' what is scientifically established as false. … Day qualified as experts on HIV.3 Weeks called Dr. Richard Pollard to testify as an HIV expert.

Tammy Cooper v. City of La Porte Police Dept, et a

608 F. App'x 195 · Court of Appeals for the Fifth Circuit · Apr 14, 2015

(2) “the defendant[’s] actions were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of.” … immunity.

Spotts v. United States

613 F.3d 559 · Court of Appeals for the Fifth Circuit · Aug 18, 2010

THE FTCA CLAIMS The FTCA waives sovereign immunity and permits suit against the United States for claims sounding in state tort law for money damages. 28 U.S.C. § 2674 (waiving sovereign immunity to make the Government … But the plaintiffs do not cite a dictionary definition or otherwise explain how mold qualifies as a “vermin” or “pest.”

Colston v. Barnhart

130 F.3d 96 · Court of Appeals for the Fifth Circuit · Nov 21, 1997

Barnhart moved for summary judgment on the ground of qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil damage liability if their actions were objectively reasonable in light of clearly established law. Fraire v.

Maurice Gibbs v. John T. King, Secretary, Department of Corrections

779 F.2d 1040 · Court of Appeals for the Fifth Circuit · Jan 2, 1986

There may be a qualified right to call witnesses and present documentary evidence. Wolff v. … We note that even if the defendants are immune from an award of damages, Gibbs, at minimum, is entitled to have the offense stricken from his record. 6 .

Kimbell Foods, Inc. v. Republic National Bank

557 F.2d 491 · Court of Appeals for the Fifth Circuit · Aug 12, 1977

Even given our conclusions that the choateness doctrine does not apply here and that perfection under the UCC will qualify a lien as “first in time,” Kimbell must still establish that its lien was “first in time” under federal … 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.

Lee v. Pickens County School System

563 F.2d 143 · Court of Appeals for the Fifth Circuit · Nov 1, 1977

If these elements are established, Mr. … Pope were entitled to Singleton protection for his first reassignment, it would be necessary to clearly establish why an individual who was qualified to be the principal of an all black high school suddenly became unqualified