United States Fifth Circuit

In the context of res judicata and separate actions brought by charging parties and the EEOC, the EEOC serves a public interest sufficiently independent of the charging parties to avoid a finding of privity under Texas law when it seeks injunctive and equitable relief. However, in seeking damages and any other make-whole relief, the EEOC's interests are not sufficiently independent to avoid being in privity with the charging parties.

Appellate Information

• Decided 02/12/2007
• Published 02/13/2007

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before KING, WIENER, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Jennifer Susan Goldstein (argued), E.E.O.C., Washington, DC, Robert A. Canino, Jr., Ronetta J. Francis, E.E.O.C., Dallas, TX, for Plaintiff-Appellee., Ron Chapman, Jr. (argued), Denise Cotter Villani, Ogletree, Deakins, Nash, Smoak & Stewart, Dallas, TX, for Defendant-Appellant.