Legal Opinion
McClelland v. Herlitz, Inc.
District Court, N.D. Texas
Decided February 9, 1989No. Civ. A. CA3-87-1836-DPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FITZWATER, District Judge.
Defendant moves to dismiss plaintiff’s amended complaint on the ground that it pleads a 42 U.S.C. § 1981 claim that is time-barred. Defendant contends the amendment cannot relate back as permitted by Fed.R.Civ.P. 15(c) because the underlying Title VII suit is also untimely. The court concludes that the Title VII action is not time-barred and denies the motion to dismiss.
I
Plaintiff, Kevin McClelland (“McClel-land”), was discharged by defendant, Her-litz, Inc. (“Herlitz”), on April 8, 1986 and thereafter filed a discrimination complaint with…
2Cases cited10 opinions
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- Celia SANCHEZ, Plaintiff-Appellant, v. STANDARD BRANDS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1970
- Jerome Rosenberg v. Raymond v. MartinCourt of Appeals for the Second Circuit · 1973
- Wendell A. Martin and Vanessa Faciane v. Marco DemmaCourt of Appeals for the Fifth Circuit · 1987
- Arthur Judkins v. Beech Aircraft Corporation, James Killingsworth, Seymour, Coleman, Ed Stacey and Chuck PalmiterCourt of Appeals for the Eleventh Circuit · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rene Ynclan Ynclan v. Department of the Air ForceCourt of Appeals for the Fifth Circuit · 1991
- Kent v. Director, Mo. Dept. of Elem. & SEC. Educ.District Court, E.D. Missouri · 1992
- White v. Union Pacific RailroadDistrict Court, D. Kansas · 1992
- Stephenson v. CNA Financial Corp.District Court, N.D. Illinois · 1991
- Aleman v. StateDistrict Court, S.D. Texas · 1992
4 more not listed; retrieve them via the Exa API.