Case law

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.

Lacey v. Tejeda

Court of Appeals for the Fifth Circuit · Jan 9, 2002

In this interlocutory appeal, Tejeda maintains he is entitled to qualified immunity, asserting: (1) there was no violation of a clearly established constitutional right because Lacey’s speech was not public in … in the light of clearly established law.

Meditrust Financial Services Corp. v. Sterling Chemicals, Inc.

168 F.3d 211 · Court of Appeals for the Fifth Circuit · Mar 4, 1999

(“It is more than well-established that, in this circuit, one panel may not overrule the decision, right or wrong, of a prior panel in the absence of en banc reconsideration or superseding decision of the Supreme Court.”) … rely on Sweatman’s physician’s diagnoses only to ignore their advised (continued...) 9 Revels’s claim, using a number of qualified

Houston Chronicle Publishing Company, Plaintiff-Appellee-Cross v. United States of America, Defendant-Appellant-Cross

481 F.2d 1240 · Court of Appeals for the Fifth Circuit · Jul 27, 1973

The general standard to be applied in testing the merit of such motions was clearly stated in Boeing Co. v. … With that intent clearly present, taxpayer acquired the desired additional fee interests.

John W. Mecom, Cross-Appellant v. Levingston Shipbuilding Company, Cross-Appellee

622 F.2d 1209 · Court of Appeals for the Fifth Circuit · Aug 4, 1980

The evidence clearly refutes defendant’s argument. Levingston was informed of the sinking on the day it occurred. … Neither this finding nor the finding that defendant suffered no prejudice is clearly erroneous.

41 Fair empl.prac.cas. 515, 41 Empl. Prac. Dec. P 36,638 Roosevelt Bunch, Tom Harris, Walter Cole, Willie James Williams, Cross-Appellees v. Nat Bullard, Individually and as Mayor of the City of Vicksburg, Mississippi, Cross-Appellants

795 F.2d 384 · Court of Appeals for the Fifth Circuit · Jul 21, 1986

Sergeants who then served in an administrative capacity could qualify for promotion to lieutenant. … The content of the clearly erroneous rule is well established: "A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm

CenturyTel of Chatham, LLC v. Sprint Communications Co.

861 F.3d 566 · Court of Appeals for the Fifth Circuit · Jun 27, 2017

According to Sprint, the next step is determining its VoIP-to-traditional-format transfer service qualified as an information, not a telecommunications, service. … And, because the district court did not clearly err — as discussed supra — in finding Sprint was operating as an IXC in providing this service, rather than as an information-service provider, Sprint was obligated to pay the

Atlantic & Gulf Stevedores, Inc. v. Alter Company, Ags Chartering

617 F.2d 397 · Court of Appeals for the Fifth Circuit · May 19, 1980

These items display, contrary to plaintiff’s assertion, an intention of the parties to the freight contracts to immunize the carrier from responsibility for shifting and fleeting services performed at facilities such as A … Despite the variance in the nature of the bills of lading, each clearly reveals that the ultimate consignee is to be Continental. 20 Further, plaintiff admits that this scheme is supportable only on the theory that the parties

Miller Brewing Company v. Fort Worth Distributing Co., Inc.

781 F.2d 494 · Court of Appeals for the Fifth Circuit · Jan 30, 1986

reveals a disinclination to resort to arbitration on any phase of suit involving all parties, those parties are prejudiced by being forced to bear the expenses of a trial_ Substantially invoking the litigation machinery qualifies … [A]ny attempt to go to the merits and to retain still the right to arbitration is clearly impermissible.” Graig Shipping Co. v.

Gros v. City Grand Prairie

Court of Appeals for the Fifth Circuit · Mar 13, 2002

Had Appellants alleged the violation of a clearly established right, and, if so, (2) were Chief Crum’s actions objectively reasonable in light of clearly established law at the time of the conduct in question.46 … The court then considered the second question of the qualified immunity test, whether Chief Crum’s actions were objectively reasonable in light of clearly established law at the time of the conduct

Daggett v. Commission on Governmental Ethics & Election Practices

205 F.3d 445 · Court of Appeals for the Fifth Circuit · Mar 7, 2000

See 21-A M.R.S.A. §§ 1121-1128. 2 It establishes *451 public funding beginning with the 2000 elections, see id. § 1123, and requires candidates to complete qualifying actions by March 16, 2000, see id. § 1122(8). … In order to qualify for public funding, a candidate must fulfill several requirements during the qualifying period. The candidate must file a declaration of intent that he is seeking certification. See id. § 1125(1).

H B Zachry Company v. Quinones

206 F.3d 474 · Court of Appeals for the Fifth Circuit · Apr 3, 2000

All parties agree that the room and board provided to Quinones in this case qualified as § 119 Meals and Lodging. The only question before us then is the proper construction of § 902(13). … The ALJ then concluded that working conditions existed that could have caused the injury: While a specific instance of injury has not been clearly established since, on multiple occasions, Claimant has stated

Jones v. Louisiana Board of Supervisors of University of Louisiana Systems

809 F.3d 231 · Court of Appeals for the Fifth Circuit · Dec 9, 2015

The district court determined that sovereign immunity insulated the State of Louisiana and the ULS Board of Supervisors from liability, and that qualified immunity applied to the claims 3 Jones now alleges that the … In light of our resolution, we do not reach Defendants’ prescription argument or the district court’s decision on qualified immunity. 18

Esso International, Inc. v. The Ss Captain John

443 F.2d 1144 · Court of Appeals for the Fifth Circuit · May 26, 1971

Moreover, what Esso knew or should have known is irrelevant when one is attempting to establish an implied agency. … The district court decided that laches did not bar Esso's claims and we cannot say this finding was clearly erroneous. 34 Out of Gissel & Co.'

12 Fair empl.prac.cas. 1191, 11 Empl. Prac. Dec. P 10,880 Eligh Watkins, Individually and on Behalf of Other Persons Similarly Situated, Plaintiffs-Appellants-Cross-Appellees v. Scott Paper Company, Defendants-Appellees-Cross-Appellants

530 F.2d 1159 · Court of Appeals for the Fifth Circuit · Apr 29, 1976

Its finding to that effect is, therefore, clearly erroneous. 32 118 (b). … qualify.

Butler Aviation International, Inc. v. Whyte

6 F.3d 1119 · Court of Appeals for the Fifth Circuit · Nov 17, 1993

The district court concluded that this finding was not clearly erroneous. … When considered in toto, though, we find that there was sufficient evidence to immunize the fact finding of the bankruptcy court from reversal as clear error. 2. “Part Performance” Doctrine and Waiver.

Jackson v. Rawdon

235 F.2d 93 · Court of Appeals for the Fifth Circuit · Jun 28, 1956

plaintiffs' claims by developing that there were no administrative difficulties which had to be overcome in order to admit the plaintiffs to the Mansfield High School but only, as clearly shown by the testimony of R. … the refusal of the defendants to admit plaintiffs thereto on account of their race or color is unlawful; that it order the defendants forever restrained from refusing admission thereto to any of the plaintiffs shown to be qualified

Mon C. Allen v. Mississippi Commission of Law Enforcement

424 F.2d 285 · Court of Appeals for the Fifth Circuit · Apr 7, 1970

“By amendment to their complaint, plaintiffs, by virtue of public and private positions they hold, allege they are representative of a class of such persons, and are qualified to serve on the Mississippi Commission on Law … The district court’s statement-of the facts, supra, clearly shows the significance and beneficial nature of the ap-pellees’ activities; all those facts need not be repeated here.

Amie v. El Paso Independent School District

253 F. App'x 447 · Court of Appeals for the Fifth Circuit · Nov 8, 2007

The fact finder could just as easily compare the two résumés to determine whether Amie was the clearly better qualified candidate. … Furthermore, an independent review of their respective résumés does not clearly indicate that Amie is the better qualified candidate.

Federal Deposit Insurance Corporation v. Sumner Financial Corporation

602 F.2d 670 · Court of Appeals for the Fifth Circuit · Sep 4, 1979

effectively read out of this statute: if agency jurisdiction were available, § 1345 would give jurisdiction over any suit brought by FDIC and § 1346 would give jurisdiction over any suit brought against FDIC, assuming sovereign immunity … While it was of course well-established in 1935 that the federal courts could constitutionally exercise arising under jurisdiction over suits brought by or against federal corporations, see Osborn v.