Legal Opinion
Penson v. Terminal Transport Co.
Court of Appeals for the Fifth Circuit
Decided January 23, 1981No. 79-2483PublishedCited by 52 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Plaintiff sued his former employer and his union alleging he was discharged because of his race. The district court granted the employer’s motion for summary judgment on the ground the suit was barred by a prior consent decree entered in a class action against the employer. We reverse, holding the present action is not barred because the notice of the consent decree received by plaintiff did not inform him of his right to “opt out” of the class and pursue his individual suit. In so holding, we seek to clarify the law in this Circuit concerning the opt-out rights, and the…
2Cases cited20 opinions
- Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
- Rush Pettway, Etc. v. American Cast Iron Pipe Company, United States Equal Employment Opportunity Commission, IntervenorCourt of Appeals for the Fifth Circuit · 1974
- Rush PETTWAY Et Al., Plaintiffs-Appellants, v. AMERICAN CAST IRON PIPE COMPANY, a Corporation, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- Johnson v. Goodyear Tire & Rubber Co.Court of Appeals for the Fifth Circuit · 1974
- LaChapelle v. Owens-Illinois, Inc.Court of Appeals for the Fifth Circuit · 1975
15 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Garcia Jay Wright v. George Collins, Warden, Maryland Penitentiary Dr. Berry Officer Larry DonnellCourt of Appeals for the Fourth Circuit · 1985
- Cornelius Cooper v. Southern CompanyCourt of Appeals for the Eleventh Circuit · 2004
- Thomas Crowder v. Russell E. LashCourt of Appeals for the Seventh Circuit · 1982
- 31 Fair empl.prac.cas. 1707, 32 Empl. Prac. Dec. P 33,668 Gloria Holmes v. Continental Can CompanyCourt of Appeals for the Eleventh Circuit · 1983
- Cox v. American Cast Iron Pipe Co.Court of Appeals for the Eleventh Circuit · 1986
47 more not listed; retrieve them via the Exa API.