Legal Opinion
Petrina Thompson v. Dallas City Attorney's Office
Court of Appeals for the Fifth Circuit
Decided January 11, 2019No. 17-10952PublishedCited by 36 opinions
1Opinion of the Court
DON R. WILLETT, Circuit Judge:
On the surface, this workplace-discrimination appeal augurs a clash between our rule of orderliness and rules of res judicata. Specifically, are we bound by a 1981 panel decision (that would allow the suit) 1 or by other preclusion precedent (that would bar it)? 2
There is no clash. Our decision in Henson v. Columbus Bank & Trust Co. (letting a plaintiff litigate in federal court a claim previously dismissed in state court) is not binding-not now and not the day it issued-as it contravened preexisting full faith and credit precedent. 3 The rule of orderliness may…
2Cases cited30 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- New State Ice Co. v. LiebmannSupreme Court of the United States · 1932
- Norris v. Hearst TrustCourt of Appeals for the Fifth Circuit · 2007
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3Cited by36 opinions
- John Doe v. DeRay MckessonCourt of Appeals for the Fifth Circuit · 2019
- People v. McKnightSupreme Court of Colorado · 2019
- Klint L. Mowrer v. DOTCourt of Appeals for the D.C. Circuit · 2021
- Garcia v. USACourt of Appeals for the Fifth Circuit · 2021
- Residents of Gordon Plaza v. CantrellCourt of Appeals for the Fifth Circuit · 2022
31 more not listed; retrieve them via the Exa API.