Legal Opinion

Wagstaff v. United States Department of Education

Court of Appeals for the Fifth Circuit

Decided December 4, 2007No. 07-50327PublishedCited by 101 opinions

1Per curiam

The primary issue in this case is whether Congress waived the sovereign immunity of the United States by enacting the Fair Debt Collection Practices Act. We hold it did not and affirm the decision of the district court dismissing this case for lack of subject matter jurisdiction.

I. BACKGROUND FACTS

Between 1991 and 1993, Audrey Wag-staff, Appellant, took out student loans to attend Our Lady of the Lake University in San Antonio, Texas, signing six promissory notes payable to various lenders. In May 1993, she graduated from Our Lady of the Lake University and has since been gainfully employed.…

2Cases cited10 opinions

  1. Lane v. PenaSupreme Court of the United States · 1996
  2. Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
  3. Loeffler v. FrankSupreme Court of the United States · 1988
  4. Army and Air Force Exchange Service v. SheehanSupreme Court of the United States · 1982
  5. Merrill Benton v. United States of America and the United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1992

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3Cited by101 opinions

  1. In Re Fema Trailer Formaldehyde Products Liability LitigationCourt of Appeals for the Fifth Circuit · 2012
  2. Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  3. Spotts v. United StatesCourt of Appeals for the Fifth Circuit · 2010
  4. St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management AgencyCourt of Appeals for the Fifth Circuit · 2009
  5. Pike v. Office of Alcohol & Tobacco ControlDistrict Court, M.D. Louisiana · 2015

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