Case law

Continental Savings Association v. United States Fidelity and Guaranty Company

762 F.2d 1239 · Court of Appeals for the Fifth Circuit · Jun 17, 1985

While not lucidly drafted, paragraph C, at least clearly encompasses the situation at hand. … Continental’s interpretation, both fair and reasonable, duly heeds these firmly established principles.

Nanette Blanchard-Daigle v. Shane Geers

Court of Appeals for the Fifth Circuit · Feb 12, 2020

Qualified Immunity When properly applied, qualified immunity protects all officials “but the plainly incompetent or those who knowingly violate the law” and holds “public officials accountable when they exercise power … Deputy Geers’ decision did not violate clearly established law.

Robert M. Gates v. Shell Oil (Shell Offshore, Inc.) v. Total Services, Inc., and Northwest Insurance Co., Intervenors-Appellants

812 F.2d 1509 · Court of Appeals for the Fifth Circuit · May 8, 1987

But Shell claims that it is immune from this third party suit because it was Gates’ “statutory employer” under the Louisiana compensation statute. … Again, the district court clearly did not abuse its discretion in calling a halt to further testimony. B. The Jury Charge I.

Lee v. Washington County Board of Education

625 F.2d 1235 · Court of Appeals for the Fifth Circuit · Sep 18, 1980

It thus attempted to raise an inference of purposeful discrimination through proof of the four-prong test established by the Supreme Court in McDonnell Douglas Corp. v. … raise an inference of purposeful discrimination because, in the context of this case, any showing by clear and convincing proof that Roberts and Stephens would not have been employed absent the class-based discrimination clearly

Joseph C. Goodwin v. Railroad Retirement Board

546 F.2d 1169 · Court of Appeals for the Fifth Circuit · Feb 10, 1977

However, the evidence taken as a whole clearly shows the petitioner’s lack of fitness for substantial, regular employment. … From the evidence, it clearly appears petitioner was suffering from a continuous condition, despite his hospital employment.

Laurence G. Russell, William L. Hanna and Eddie D. Langwell v. National Mediation Board

764 F.2d 341 · Court of Appeals for the Fifth Circuit · Jun 28, 1985

a waiver of the Federal government’s immunity from suits for attorney’s fees and because a waiver of sovereign immunity must be strictly construed, we hold that the statutory time limitation, as an integral condition of the … The application was clearly timely.

Lottie McMillan v. Rust College, Inc.

710 F.2d 1112 · Court of Appeals for the Fifth Circuit · Aug 1, 1983

This will be a nine months contract position and you will have all of the privileges of a faculty member including tenure when you are qualified for same. … Its finding in this regard was not clearly erroneous. 1 .

Maria Pilar White v. Lee Marine Corporation

434 F.2d 1096 · Court of Appeals for the Fifth Circuit · Dec 1, 1970

Nonetheless, it is well established that: The question of whether a device is so lacking in substance as to be improper and collusive under Section 1359 is a question of fact. McSparran v. … The record and briefs clearly reflect that appellants will be afforded state court remedies without the imposition of an “unreasonable burden.”

Douglas Glynn Payton, Administrator of the Estate of Sheryl Lynn Payton, Deceased v. The United States of America

636 F.2d 132 · Court of Appeals for the Fifth Circuit · Feb 2, 1981

from tort actions and to establish novel and unprecedented governmental liability.” … See Kutcher, The Legal Responsibility of Probation Officers in Supervision, 41 Fed.Prob. 35, 35-38 (March 1977); Note, Parole Board Members Have Only Qualified Immunity For Decision to Release Prisoner, 46 Fordham L.Rev.

Truvia v. Julien

187 F. App'x 346 · Court of Appeals for the Fifth Circuit · Jun 12, 2006

Wood: When a public official pleads the affirmative defense of qualified immunity in his answer, the district court may, on the official's motion or on its own, require the plaintiff to reply to that … By definition, the reply must be tailored to the assertion of qualified immunity and fairly engage its allegations.

Carlos A. Quinonez v. National Association of Securities Dealers, Inc.

540 F.2d 824 · Court of Appeals for the Fifth Circuit · Oct 15, 1976

Co., 7th Cir., 1942, 125 F.2d 417 on the basis that in those cases the plaintiffs were commis *830 sion salesmen who had established their own clientele which gave them a more clearly defined claim to income generated from … Clearly, the conduct of the plaintiff in accepting employment with .Merrill Lynch and subsequently Shearson demonstrated not only an intent but the fact that the plaintiff satisfactorily completed the examinations necessary

Jerry H. Peveto and Wife, June Peveto v. Sears, Roebuck & Co.

807 F.2d 486 · Court of Appeals for the Fifth Circuit · Jan 13, 1987

Assuming, without deciding, that an erroneous explanation of the law had been given by the trial court, it would not qualify as an outside influence improperly brought to bear upon the jurors. … Thus, although the evidence introduced suggested that Shawn endured some measure of pain and suffering before he died and that he was close to — and well-loved by — his family, nothing in the trial record so clearly establishes

Huss v. Gayden

571 F.3d 442 · Court of Appeals for the Fifth Circuit · Jun 10, 2009

Reddix’s training and experience as a medical professional qualify him to tell the jury why the literature does not establish a causal link. Moreover, Dr. … “[I]f no battery can be shown, then the issue clearly emerges as one of malpractice.” Id. at 751 .

Kyle Halle v. Galliano Marine Service, LLC

855 F.3d 290 · Court of Appeals for the Fifth Circuit · Apr 19, 2017

The Defendants moved for summary judgment on January 25, 2016, arguing that Halle was exempt from the FLSA’s overtime provisions because he qualifies as a “seaman” under the Act. … It is the “employer [who] bears the burden to establish a claimed exemption.” Songer v. Dillon Res., Inc., 618 F.3d 467, 471 (5th Cir. 2010).

Cain v. Altec Industries, Inc.

236 F. App'x 965 · Court of Appeals for the Fifth Circuit · Jun 22, 2007

Code Ann. art. 3547, this exception is applicable when from the totality of the circumstances of an exceptional case, it is clearly evident under the principles of Article 3542, that the policies of … On the other hand, Mississippi’s interests are: (1) Cain is domiciled in Mississippi; (2) WST is registered to do business in Mississippi as a non-profit Louisiana established the contractual relationship to

Pegram v. Honeywell, Inc.

361 F.3d 272 · Court of Appeals for the Fifth Circuit · Mar 5, 2004

The first issue Pegram raises clearly does not connote disability discrimination. … To establish an inference of discrimination, consistent with McDonnell Douglas Corp. v.

Iruegas v. Poe

374 F. App'x 513 · Court of Appeals for the Fifth Circuit · Mar 22, 2010

To the extent that Iruegas directed his claims against Defendants in their official capacity, the magistrate judge also dismissed them with prejudice, finding the claims barred by sovereign immunity. 2 Iruegas timely appealed … Prima Facie Deliberate Indifference Claims On appeal, Iruegas argues that his uncontested Spears hearing testimony established a prima facie case for his claims.

Klick v. Cenikor Foundation

79 F.4th 433 · Court of Appeals for the Fifth Circuit · Aug 16, 2023

Shortly after the case was filed, the plaintiffs filed motions for conditional certification under the then-widely used framework for conditional certification established in Lusardi v. … Collective actions can be certified as to the very question of whether a specific group of individuals qualify as “employees” under the FLSA. See Hobbs v.

Sanchez v. Griffis

Court of Appeals for the Fifth Circuit · Nov 17, 2023

Government officials “are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.” … The Officers are therefore entitled to qualified immunity as to Sanchez’s excessive force claim.

Lee v. Gonzales

Court of Appeals for the Fifth Circuit · Jun 16, 2005

District Court lacked jurisdiction to entertain the Chmakovs’ habeas petition, we would have to be satisfied both that there was another avenue for review of the BIA’s decision and that Congress had clearly … Our review in such a case would be similar to the manner in which this court decides questions of qualified immunity on interlocutory appeal: if the court can determine as a matter of law whether immunity shields the official