Case law

Barbara MARKS and Shirley Johnson, Plaintiffs-Appellees, v. PRATTCO, INC., Defendant-Appellant

607 F.2d 1153 · Court of Appeals for the Fifth Circuit · Dec 7, 1979

The evidence at trial established that appellees are members of a protected minority, that they were both discharged, that they were qualified to fill the positions from which they were discharged, and that they were replaced … Appellant does not suggest that any of the district court’s findings of fact were clearly erroneous. See Armour v. City of Anniston, 597 F.2d 46, 48 (5th Cir. 1979); Fed.R. Civ.P. 52(a).

Long v. Sapp

502 F.2d 34 · Court of Appeals for the Fifth Circuit · Oct 4, 1974

The finding that Huff had been validly discharged was held not to be clearly erroneous. … That is clearly not the situation in the case sub judice. . Pond v.

Blue Bell Bio-Medical v. Cin-Bad, Inc.

864 F.2d 1253 · Court of Appeals for the Fifth Circuit · Feb 10, 1989

Alternatively, the court concluded that even if Blue Bell’s cart qualified for protection, Blue Bell had failed to establish a likelihood of confusion between the two products. … Blue Bell also contends that the evidence of CBi’s intent to copy establishes that the court's factual finding of no likelihood of confusion is clearly erroneous. This issue is addressed Section III.B. of the opinion. .

Autin v. Goings

Court of Appeals for the Fifth Circuit · Apr 19, 2023

The officers then appealed the Heck and qualified immunity rulings in the March 31 and September 30 orders. … Moreover, because Heck plainly requires dismissal of Autin’s claims, we need not reach the question of qualified immunity.

Jimmy Oakley v. L. Hudson

670 F. App'x 291 · Court of Appeals for the Fifth Circuit · Nov 4, 2016

The district court granted summary judgment in favor of Hudson based on her qualified immunity. … Oakley has the burden of rebutting Hudson’s qualified immunity defense. See Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).

George Bergin v. Kim Simpson

549 F. App'x 233 · Court of Appeals for the Fifth Circuit · Dec 6, 2013

Tatum has asserted qualified immunity in response to Bergin’s due process claim. … To assess qualified immunity, “we decide (1) whether the facts that the plaintiff has alleged make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time of the defendant

Castaneda v. Pickard

648 F.2d 989 · Court of Appeals for the Fifth Circuit · Jun 23, 1981

Clearly, Raymondville is not culpable of such a failure. … On this record, we think a finding to the contrary would be clearly erroneous.

Tunica Web Advertising v. Tunica Casino Operators Ass'n

496 F.3d 403 · Court of Appeals for the Fifth Circuit · Aug 13, 2007

Under the definition of “horizontal” found in NYNEX and Business Electronics Corp., the casinos’ alleged agreement to not do business with TWA is clearly a horizontal agreement, as the casinos are direct competitors of … Finally, we reject the casinos’ immunity claims for essentially the reasons stated in the district court’s November 24, 2004 order. 18

Gale Walker v. Robert Smith

Court of Appeals for the Fifth Circuit · Feb 6, 2020

Thus, a public official is entitled to qualified immunity unless a plaintiff demonstrates (1) a violation of a constitutional right and (2) that the right at issue was clearly established at the time … On appeal, Walker barely addresses the crux of the district court’s qualified immunity finding, which concerns the “clearly established law” prong of its analysis.

Ingrid Fisher v. Halliburton

667 F.3d 602 · Court of Appeals for the Fifth Circuit · Jan 12, 2012

Insurgent attacks on KBR convoys no doubt qualify as willful acts by third persons. … All of the evidence pointed to by Plaintiffs and the district court establishes that insurgents were attacking targets related to those efforts.

24 Fair empl.prac.cas. 1693, 25 Empl. Prac. Dec. P 31,517 Paris Kincade v. General Tire and Rubber Co., and William F. Halliburton

635 F.2d 501 · Court of Appeals for the Fifth Circuit · Jan 30, 1981

Each of the six named plaintiffs qualified for participation in the distribution of the fund; their awards ranged from $263.78 to $1,167.62. … However, while this procedure is not favored, it clearly does not constitute reversible error. Midland Telecasting Co. v.

Empire Indemnity Insurance Company, Cross v. Carolina Casualty Insurance Company, Cross-Appellant, Cross-Appellee v. Northland Insurance Company, Defendant-Cross-Appellee v. Shelter General Insurance Company

838 F.2d 1428 · Court of Appeals for the Fifth Circuit · Mar 11, 1988

The court found that the vehicle involved in the accident did not qualify. That finding is not challenged. We hold that it is not clearly erroneous. … Since the vehicle was not a covered vehicle, Nelson did not qualify as an insured under the policy.

Gilbert Rendon, Cross-Appellant. And Joe Mike Zepeda, Intervenor-Plaintiffs-Appellees, Cross-Appellants v. At & T Technologies, Cross-Appellee

883 F.2d 388 · Court of Appeals for the Fifth Circuit · Sep 18, 1989

Yost’s conclusion and this finding is not clearly erroneous. Aggregation is not impermissible as a matter of law. … Thus, we cannot say that the district court’s acceptance of pooled data was clearly erroneous. E.

Malek Samadian v. Daniel Meade

494 F. App'x 490 · Court of Appeals for the Fifth Circuit · Oct 19, 2012

On a motion for summary judgment based on qualified immunity, the burden falls on the plaintiff to rebut the defense “by establishing that the official’s allegedly wrongful conduct violated clearly established law and that … We also agree with the district court that even if Samadian had discharged his burden of establishing a constitutional violation, Meade would still be entitled to qualified immunity.

In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance Luongo

259 F.3d 323 · Court of Appeals for the Fifth Circuit · Jul 18, 2001

Under the circumstances presented here, the bankruptcy court’s decision not to abstain was clearly proper. II. … No property can be exempted (and therefore immunized), however, unless it first falls within the bankruptcy estate.

Samuel CARROLL, Et Al., Plaintiffs-Appellants, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee

708 F.2d 183 · Court of Appeals for the Fifth Circuit · Sep 6, 1983

The test alone would neither qualify nor disqualify an individual from being hired or promoted. 4 . … This finding is reasonably supported by the evidence and is not clearly erroneous.

United States v. Lopez

70 F.4th 325 · Court of Appeals for the Fifth Circuit · Jun 13, 2023

The district court concluded that the evidence established the two firearm possessions were relevant conduct and therefore part of the same course of conduct, thus supporting use of the enhancement. … “Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other,” Brummett, 355 F.3d at 345,

John D. Mays and Laura F. Mays, His Wife v. Claude R. Kirk, Jr., as Governor

414 F.2d 131 · Court of Appeals for the Fifth Circuit · Aug 20, 1969

But it has been established that this determination is not judicially reviewable, for the Supreme Court has consistently held that a decision of the Secretary of the Interior as to whether certain lands are within the terms … Fyan, 1876, 93 U.S. 169 , 23 L.Ed. 812 , is clearly controlling here.

National Labor Relations Board v. Longhorn Transfer Service, Inc.

346 F.2d 1003 · Court of Appeals for the Fifth Circuit · Jun 15, 1965

The evidence clearly points to the conclusion that McCardell was discharged for his union activity. … Hahn’s anti-union animus is clearly established, as is the fact that he knew of McCardell’s support for the union. There had been previous threats that someone would be discharged and McCardell was.

Piotrowski v. City of Houston

51 F.3d 512 · Court of Appeals for the Fifth Circuit · Apr 21, 1995

Ed. 2d 277 (1991) (establishing in qualified immunity context that first inquiry is existence of constitutional violation). … Piotrowski contends that her allegations qualify by satisfying the "state-created danger" theory of § 1983 liability.7 While this Court has not affirmatively held that this theory is a valid exception to the