· 3/10/2005
Equal Employment Opportunity Commission v. Peabody Western Coal Company
Citations
- 400 F.3d 774
- 60 Fed. R. Serv. 3d 1246
- 2005 U.S. App. LEXIS 19742
- 86 Empl. Prac. Dec. (CCH) 41,879
- 95 Fair Empl. Prac. Cas. (BNA) 588
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that sovereign immunity did not bar the Tribe from being joined in the suit when the party filing suit is an agency of the United States
- stating that “dismissal for 9 failure to join a party must be decided on a motion to dismiss” (citing Dredge Corp. v. 10 Penny, 338 F.2d 456, 463–64 (9th Cir. 1964)
- noting that “monetary damages for 3 the charging parties can be awarded without the [Navajo] Nation’s participation. But 4 declaratory and injunctive relief could be incomplete unless the Nation is bound by res 5 judicata.”
- stating that “Rule 19(a) sets forth three circumstances in which joinder is not feasible: when venue is improper, when the absentee is not subject to personal jurisdiction, and when joinder would destroy subject matter jurisdiction.”
- “[A] plaintiff’s inability to state a direct cause of action against an absentee does not prevent the absentee’s joinder under Rule 19.”
- in dismissal for failure to join an indispensable party, court generally reviews for an abuse of discretion the district court’s decision regarding joinder but reviews de novo any legal conclusions underlying that decision
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Alarcón, Fletcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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