United States Fifth Circuit

The good faith of a losing party is, by itself, an insufficient reason to defeat the cost-shifting provision in Fed. Rule of Civ. P. 54(d). Dismissal, for lack of subject matter jurisdiction, of a disparate-impact discrimination claim brought by an FAA air traffic controller against the government under Title VII is affirmed for failure to exhaust administrative remedies; a ruling as to costs is vacated where the district court abused the cost-shifting discretion granted to it.

Appellate Information

• Decided 05/05/2006
• Published 05/08/2006

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Regina Bacon Criswell (argued), Law Office of Regina B. Criswell, San Antonio, TX, for Pacheco., Robert Keith Shaw-Meadow (argued), San Antonio, TX, for Mineta.