United States Fifth Circuit

On remand from the Supreme Court, dismissal of plaintiff's Title VII suit for lack of subject matter jurisdiction is reversed pursuant to the Supreme Court's holding that the threshold number of employees for application of Title VII is an element of a plaintiff's claim for relief, and not a jurisdictional issue.

Appellate Information

• Decided 04/13/2006
• Published 04/14/2006

Judges

• DeMOSS, Circuit Judge:, Before EMILIO M. GARZA, DeMOSS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Schwartz (argued), Audrey N. Browne, Watkins, Ludlam, Winter & Stennis, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Brett John Prendergast (argued), New Orleans, LA, for Defendants-Appellees.