Legal Opinion

David Wilson v. Gerald Birnberg

Court of Appeals for the Fifth Circuit

Decided January 12, 2012No. 11-20035PublishedCited by 277 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

Appellant’s Petition for Rehearing is GRANTED. We withdraw the prior opinion, 660 F.3d 206, and substitute the following.

David Burén Wilson brought suit against various officials arising from his name not being placed on the 2010 primary election ballot in Houston, Texas. His complaint was dismissed for failure to state a claim. We AFFIRM in part and REVERSE and REMAND in part.

On January 4, 2010, Wilson filed an application to run in the Democratic Party primary election for Harris County Commissioner. The application was filed 15 minutes before the close of…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Mathews v. EldridgeSupreme Court of the United States · 1976
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. Goldberg v. KellySupreme Court of the United States · 1970

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3Cited by277 opinions

  1. Hu v. City of New YorkCourt of Appeals for the Second Circuit · 2019
  2. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  3. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  4. United States Ex Rel. Bias v. Tangipahoa Parish School BoardCourt of Appeals for the Fifth Circuit · 2016
  5. Catholic Ldrship Coaltn of TX v. David ReisCourt of Appeals for the Fifth Circuit · 2014

272 more not listed; retrieve them via the Exa API.

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