In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

Q: we also overrule that portion of berry v. mclemore, 670 f.2d 30, 34 (5th cir. 1982), in which we relied on jones to find an abuse of discretion in the district court's failure to assess as an item of costs the full fee of an expert witness who was "important" to the plaintiff's  1983 case.

A: overruling
****
Q: consequently, to the extent that miller or perez can still be read as authority for overlooking a party's failure to make a timely and specific objection to the admission of evidence at trial and subsequently preserve the issue for appellate review by including it in a 1925(b) statement to which the trial court responds, their rationale for overlooking waiver is disavowed.

A: overruling
****
Q: plaintiff, individually and on behalf of the prodigy corporations, instituted this action against fowlkes, barger, amanda smith, cody smith, and united spirit, inc. plaintiff brought individual claims against defendants for, inter alia, facilitation of fraud, civil conspiracy, unfair and deceptive trade practices, and usurping a corporate opportunity.

A:
non-overruling
****