Case law

Sternadel v. Scott

Court of Appeals for the Fifth Circuit · May 7, 2001

objectively reasonable in light of then clearly established law.” … ’s conduct was objectively reasonable in light of clearly established law.

United States v. Mata

624 F.3d 170 · Court of Appeals for the Fifth Circuit · Oct 14, 2010

not clearly erroneous so long as it is “‘plausible in light of the record as a 4 United States v. … We thus conclude that these findings of fact were not clearly erroneous.

Alaska Electrical Pension Fund v. Flowserve Corp.

572 F.3d 221 · Court of Appeals for the Fifth Circuit · Jun 22, 2009

And if a “complete” corrective disclosure were required, defendants could “immunize themselves with a protracted series of partial disclosures.” Freeland v. Iridium World Commc’ns, Ltd., 233 F.R.D. 40, 47 (D. … “Because the . . . release clearly concerned a significant revenue shortfall for [the] third fiscal quarter, the plaintiffs [had] shown the requisite link between the [release] and th[ose] earlier statements.”

Klumpe v. IBP, Inc.

309 F.3d 279 · Court of Appeals for the Fifth Circuit · Oct 4, 2002

Knowing that the hand-held hock cutters had an established history of causing severe injury, IBP had an incentive to secure Escamilla’s waiver before he had a chance to sue. … The parties cannot opt out of the FAA unless they clearly state their intent to do so. See Roadway Package Sys., Inc. v. Kayser, 257 F.3d 287, 294-95 (3d Cir.2001)(Becker, C.J.)(Construing Mastrobuono v.

Cole v. Chevron Chemical Co.-Oronite Division

477 F.2d 361 · Court of Appeals for the Fifth Circuit · Apr 23, 1973

compensation responsibilities, the provision operates to limit his employees to the maximum benefits payable under the Workmen’s Compensation Statute, since the principal, as their ‘statutory employer,’ is, like the contractor, immunized … Louisiana law is clearly to the effect that the failure of the parties to refer expressly to “negligence” in an indemnity contract is evidence of the parties intention not to provide indemnification for the indemnitee’s negligent

Land v. Trinity Mother

Court of Appeals for the Fifth Circuit · Nov 1, 2000

Qualified Immunity and Official Immunity Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates … no “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Scott Mathews v. City of San Antonio, Texas

Court of Appeals for the Fifth Circuit · Jan 9, 2017

No. 16-50323 officers, on the basis of qualified immunity. Finding no error in the magistrate judge’s thorough recommendation adopted by the district court, we AFFIRM. … But it is well- established that Mathews, as the plaintiff, bears the burden of negating the qualified-immunity defense. See, e.g., Poole, 691 F.3d at 627.

Safety National Casualty Corp. v. Certain Underwriters at Lloyd's

587 F.3d 714 · Court of Appeals for the Fifth Circuit · Nov 19, 2009

That Act states that the Convention “shall be enforced in United States courts in accordance with this chapter.” 14 The Act additionally provides relevant definitions 15 and establishes federal court jurisdiction and venue … Petroleos Mexicanos Mexican Nat’l Oil Co., 767 F.2d 1140 , 1145 (5th Cir.1985) (holding that if an arbitration agreement qualifies, "the Convention requires district courts to order arbitration” (emphasis added)).

United States v. Markum Lynn Fitzhugh

984 F.2d 143 · Court of Appeals for the Fifth Circuit · Feb 9, 1993

Fitzhugh pleaded guilty to an indictment for possession of a firearm by a felon and “true” to the allegation that his criminal history qualified him for enhanced sentencing under the armed career criminal act, 18 U.S.C. § … Sentencing courts may impose sentences outside the range established by the Guidelines in cases presenting “aggravating or mitigating circumstance[s] of a kind, or to a degree, not adequately taken into consideration by the

Dickson v. Quarterman

462 F.3d 470 · Court of Appeals for the Fifth Circuit · Aug 25, 2006

A decision is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by th[e Supreme] Court on a question of law or if the state court decides a case differently … Rather, we decide whether the state court’s Brady determination resulted in a decision that is contrary to, or involved an unreasonable application of, clearly established federal law. Busby v.

Dr. Kenneth A. Megill v. Board of Regents of the State of Florida

541 F.2d 1073 · Court of Appeals for the Fifth Circuit · Nov 1, 1976

Megill’s conduct and profanity lacked the maturity and discretion of a qualified member of the academic community and concluded that his disruption of the meeting in such an anti-intellectual manner impeded his usefulness … It does not, however, clothe a person with immunity when his statements are shown to be false and inaccurate, when their truth could be easily ascertained.

McBride v. Johnson

118 F.3d 432 · Court of Appeals for the Fifth Circuit · Sep 16, 1997

Mississippi State Parole Bd., 836 F.2d 969 (5th Cir. 1988), we declined to afford a commissioner of corrections qualified immunity for permitting hearsay testimony in a parolee’s preliminary hearing. … Accordingly, McBride’s refutation of the State’s claim o f waiver is of limited persuasive value. 11 alternative was clearly available to McBride which he did not pursue

Black v. J.I. Case Co., Inc.

22 F.3d 568 · Court of Appeals for the Fifth Circuit · May 27, 1994

We, too, have recognized that (except in cases of qualified or absolute immunity) a district court "has the discretion to deny a [motion for summary judgment] even if the movant otherwise successfully carries its burden of … Here, the evidence was not such as to require the jury to find that the defective condition was a cause of Decedent's injuries. 7 Therefore, the change in analysis does not establish that the district court erred in denying

Brown v. Tull

Court of Appeals for the Fifth Circuit · May 31, 2000

To overcome the defense of qualified immunity, the plaintiff must show that the defendant’s conduct was not objectively reasonable and that the defendant violated clearly established law. See Burns-Toole v. … Further, in light of her defense of qualified immunity, the illegality had to be clearly established, and her conduct had to be objectively unreasonable.

Kathy Applewhite, Administrator of the Estate of Mark C. Applewhite v. Metro Aviation, Inc., Alabama Power Company

875 F.2d 491 · Court of Appeals for the Fifth Circuit · Jun 16, 1989

In this diversity action, 1 defendant Alabama Power contends that it is not subject to the jurisdiction of this court as it is not qualified to do business, has not done *494 and is not doing any business in Mississippi and … Further, the fact that the committee may, at times, meet within the State of Mississippi, while perhaps not necessarily fortuitous, clearly does not constitute a significant contact with Mississippi.

National Labor Relations Board v. Big Three Industrial Gas & Equipment Co.

579 F.2d 304 · Court of Appeals for the Fifth Circuit · Oct 27, 1978

In the present case, respondents seek an extension of Johns-Man-ville to immunize the Company’s jettisoning of some thirty-four employees in the problem-plagued maintenance department. … Co. of Texas, supra, and clearly demanded by the facts of this case. The decision and order of the Board is hereby ENFORCED. .

Palmquist v. Hain Celestial Group

103 F.4th 294 · Court of Appeals for the Fifth Circuit · May 28, 2024

“[W]e have recognized two ways to establish improper joinder: (1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non-diverse party in state … We also note that the caselaw requiring plaintiffs to plead facts sufficient to overcome Section 82.003 immunity to state a claim appears to originate from federal, rather than Texas courts. See, e.g., Alonso ex rel.

Willie J. Fluker and Richard L. Parsons v. Alabama State Board of Education, No. 30670 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part I

441 F.2d 201 · Court of Appeals for the Fifth Circuit · Mar 31, 1971

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Howard University, 1969, 134 U.S.App.D.C. 81 , 412 F.2d 1128 , a case that is clearly distinguishable from the instant case.

Johnson's Professional Nursing Home at Al. v. Caspar W. Weinberger, Secretary of the United States Department of Health, Education and Welfare, Defendants-Appelees. Opelika Nursing Home, Inc. v. Caspar W. Weinberger, Secretary of the United States Department of Health, Education and Welfare, Etc., Nos. 73-1020, 73-1561 Summary Calendar. Rule 18, 5th Cir. Isbell Enterprises, Inc. v. Citizens Citizens Casualty Company of New York, 5th Cir., 1970, 431 F.2d 409, Part I

490 F.2d 841 · Court of Appeals for the Fifth Circuit · Mar 11, 1974

Opelika states the obvious when it asserts that Congress' intent was to assure that medical services be available, provided and furnished to qualified individuals under the Act. … We are not persuaded that the district court's conclusion was clearly erroneous. 16 Congress had formulated a comprehensive formula for reimbursing nursing homes under Medicare, under which nursing homes furnish the same

Charles W. Butler v. Richard Thornburgh, in His Official Capacity as Attorney General of the United States

900 F.2d 871 · Court of Appeals for the Fifth Circuit · May 15, 1990

Clearly the recurring incidents that precipitated Charles Butler’s termination reveal him to have been a current dysfunctional alcoholic at the time of his firing. … Clearly, Butler’s four incidents of drunken misconduct constitute the reason for the FBI’s decision to terminate him. We find the FBI’s argument here entirely persuasive.