Jones v. United States
2010 U.S. App. LEXIS 22901
| 5th Cir. | 2010Background
- Jones, a former FAA employee, applied to be a DER, a designation requiring FAA approval.
- FAA denied Jones's DER application, citing lack of integrity and sound judgment.
- Under 49 U.S.C. § 46110(a), review of FAA orders is exclusive to the courts of appeals; Jones did not timely seek review.
- Jones filed suit in district court alleging retaliation under Title VII and § 1981.
- District court dismissed with prejudice, finding the claims impermissibly collateral to the FAA order and lacking jurisdiction.
- This court previously held in Ligon that similar challenges are collateral attacks and fall outside § 46110(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had jurisdiction under § 46110(a). | Jones argues district court jurisdiction exists under 46110(a). | Defendants contend § 46110(a) bars district court review of FAA orders. | No jurisdiction in district court under § 46110(a). |
| Whether Jones's Title VII and § 1981 claims were inescapably intertwined with the FAA order. | Claims are retaliation-based challenges to the FAA decision. | Claims rely on reviewing the FAA's procedures and merits. | Claims are collateral to the FAA order and thus barred. |
Key Cases Cited
- Ligon v. LaHood, 614 F.3d 150 (5th Cir. 2010) (inescapably intertwined with review of FAA denial)
- Atorie Air, Inc. v. Fed. Aviation Admin., 942 F.2d 954 (5th Cir. 1991) (final FAA order; district court cannot review merits)
- Haywood v. Drown, 129 S. Ct. 2108 (2009) (jurisdiction is power to adjudicate; without it, dismiss)