Case law

Hitt v. Connell

Court of Appeals for the Fifth Circuit · Aug 26, 2002

immunity. … Qualified Immunity and Mt.

Edward N. Phillips v. Alvis Vandygriff

711 F.2d 1217 · Court of Appeals for the Fifth Circuit · Aug 15, 1983

The Department was granted judgment based on its eleventh amendment immunity. … The savings and loan industry is clearly one in which the public places great trust and confidence.

Amalgamated Clothing Workers of America v. National Labor Relations Board

491 F.2d 595 · Court of Appeals for the Fifth Circuit · Mar 21, 1974

Clearly, the evil to be avoided in intraplant unit designations is the arbitrary grouping of employees whose interests are indistinguishable from those of their fellow employees, since establishing such artificial entities … In each of these cases, certain characteristics which set cutting employees apart from their co-workers were clearly evident.

Benedict Emesowum v. City of Houston

Court of Appeals for the Fifth Circuit · Nov 29, 2018

The plaintiff has the burden to rebut a government official’s good-faith assertion of qualified immunity. Id. … Emesowum’s terse descriptions of these searches in his affidavit fail to show a violation of clearly established rights. See United States v.

Alma Faye Russell v. Board of Trustees of the Firemen, Policemen and Fire Alarm Operators' Pension Fund of Dallas, Texas, and City of Dallas

968 F.2d 489 · Court of Appeals for the Fifth Circuit · Sep 10, 1992

(d) Survivor benefits shall be paid to all qualified survivors. of members of this pension, subject to the following conditions: (1) The qualified surviving spouse of the member shall be eligible to receive benefits for the … Clearly, this is not a case involving a continuous tort. B. Appellant’s Post-1988 Complaints.

Jerry R. England v. Louisiana State Board of Medical Examiners

259 F.2d 626 · Court of Appeals for the Fifth Circuit · Sep 9, 1958

The standards established in the Louisiana Medical Practice Act do not purport to bear a relation to the practice of chiropractic. … The object of the law is to license those persons holding themselves out as qualified medical doctors — qualified to practice surgery and medicine generally, not necessarily chiropractic or any narrow, specialized practice

Gray Tool Co. v. Humble Oil & Refining Co.

186 F.2d 365 · Court of Appeals for the Fifth Circuit · Jan 19, 1951

If what plaintiff charges is true, defendant, in seeking a *368 continuing immunity from suit, while it blithely continues to practice the arts of piracy, and in making broad its phylacteries, while pointing its finger at … It is quite clear, therefore, that if summary judgment procedure is to be effectively used by an infringer to permit him to continue to infringe without accountability, the case for summary judgment must be made out clearly

Warren G. Cousin, Cross-Appellant v. Board of Trustees of Houston Municipal Separate School District, Cross-Appellees

726 F.2d 262 · Court of Appeals for the Fifth Circuit · Mar 9, 1984

City of Stafford, 651 F.2d 1133, 1135 (5th Cir.1981) clearly applied Singleton to a voluntary desegregation context. … that became vacant after he became qualified.

Valentine v. Collier

Court of Appeals for the Fifth Circuit · Mar 26, 2021

We have held that TDCJ is an arm of the state of Texas and thus entitled to sovereign immunity. 11 Nevertheless, Title II of the ADA validly abrogates state sovereign immunity when the state’s conduct actually violates … There is no question that the mobility-impaired subclass has a qualifying disability under the first prong.

Janet R. Miller-Schmidt v. Gastech, Inc., the American Bureau of Shipping, Inc.

864 F.2d 1181 · Court of Appeals for the Fifth Circuit · Feb 6, 1989

Clearly, Schmidt and Nelson had come to rely on Velasco and his competent use of the Gastech meter; indeed, they had no reason to suspect that either Velasco or his machine would fail. … He was given assurances by Schmidt himself that Velasco was that person and that Velasco was eminently qualified to perform the requisite tests.

Rosemound Sand and Gravel Company v. Lambert Sand and Gravel Company

469 F.2d 416 · Court of Appeals for the Fifth Circuit · Nov 8, 1972

Plaintiff, Rosemound Sand & Gravel Company, a Texas limited partnership qualified to do business in Louisiana, brought suit under the Sherman, Clayton, and Robinson-Patman Acts for damages said to result from the activities … The answers to its interrogatories clearly show that the defendants mine and sell sand and gravel only for Louisiana purchasers and that none of the defendant’s products are shipped out of state or enter the flow of commerce

Adkins v. Duval County School Board

511 F.2d 690 · Court of Appeals for the Fifth Circuit · Apr 21, 1975

Counties, municipalities and school districts are granted the power in the Constitution to participate in establishing taxes and tax rates for their respective purposes, F.S.A.Const. Art. … All of this, plaintiffs contend, clearly shows that the Supreme Court has decided the issue adversely to the defendants in this case.

Young v. Merrill Lynch & Co.

658 F.3d 436 · Court of Appeals for the Fifth Circuit · Sep 21, 2011

This provision clearly establishes the basic requirements for Young to receive payment for his unexercised Restricted Units: he must resign for Good Reason which arose after a Change in Control occurred. … Section 8.2 defines what types of corporate events qualify as a Change in Control under the Plan.

Armstrong v. Alliance Trust Co.

126 F.2d 164 · Court of Appeals for the Fifth Circuit · Feb 26, 1942

. * * * Today, even more clearly than in the past, ‘the federal nature of the right to be established is decisive — not the source of the authority to establish it.’ ” In order to eliminate many trials, the state practice … When we apply these principles to the alleged federal immunity from foreclosure that is the origin of the violated right for which damages are sought in one of the tort claims here asserted, we do not find on the face of

Green v. Commissioner

507 F.3d 857 · Court of Appeals for the Fifth Circuit · Nov 7, 2007

Green argues that even under the highly deferential “clearly erroneous” standard, he is entitled to relief because the evidence presented at trial conclusively established that the money paid under Paragraph Five was intended … While Green’s attempt to secure satisfaction of this personal judgment qualifies as an income seeking activity; it does not qualify as a business or trade.

United States v. Fletcher Ex Rel. Fletcher

805 F.3d 596 · Court of Appeals for the Fifth Circuit · Oct 30, 2015

Ordinarily, our review of this appeal would be guided by well-established desegregation principles. … Ct. 2020, 2030–33 (2011) (holding, in the limited context of qualified immunity, that a prevailing party may challenge an adverse finding that has a “significant future effect on the conduct of public officials”); but see

Blackburn v. City of Marshall

Court of Appeals for the Fifth Circuit · Jan 12, 1995

In considering a defendant's claim of qualified immunity, our first inquiry is whether the plaintiff alleged "the violation of a clearly established constitutional right." Siegert v. … State officials are shielded from liability under qualified immunity unless they violate a constitutional right that was clearly established at the time of their conduct. Pfannstiel v.

United Disaster Resp v. Omni Pinnacle LLC

Court of Appeals for the Fifth Circuit · Jan 16, 2008

Holding that these “authorities . . . establish without question that Eleventh Amendment immunity does not, as a general rule, extend to counties,” we further stated that “no exception should be made to this rule without … F.2d 711, 718 (4th Cir. 1961) (“It would be quite foreign to the Erie doctrine . . . to apply a state statute in such a way as to deny all relief in a federal court to a nonresident plaintiff on a cause of action which, clearly

Avmed Inc. v. Browngreer PLC

300 F. App'x 261 · Court of Appeals for the Fifth Circuit · Nov 17, 2008

“The court’s determinations as to each of the four elements are mixed questions of fact and law reviewed according to the clearly erroneous standard.” Id. … Without a substantive right to enforce against the defendants, the appellants clearly are not entitled to any of the extraordinary equitable remedies they seek.

Adam J. Ex Rel. Robert J. v. Keller Independent School District

328 F.3d 804 · Court of Appeals for the Fifth Circuit · May 2, 2003

Adam has not established that the district court erred in concluding that he made progress while in the District. … This is not clearly erroneous.