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Trey Jones and Chris Fontan Have Dismissal Affirmed by Fifth Circuit

Represented Toyota Motor Engineering & Manufacturing North America, Inc. in  a civil rights racial discrimination case involving a minority subcontractor.  District Court granted Motion to Dismiss the individual plaintiffs, based on their lack of standing in the litigation, as their claims against TEMA were purely derivative of the company's claims.  The District Court also denied the motion for reconsideration.  The Plaintiffs appealed both decisions.  In its opinion, the Fifth Circuit held that the individual Plaintiffs' notice of appeal was untimely, based on the improper filing of the motion for reconsideration by their counsel.  Additionally, the Fifth Circuit held that the Plaintiffs' waived their objections to this argument, as they failed to raise them in rebuttal to Toyota's response to their motion for reconsideration.  Accordingly, the only issue over which the Fifth Circuit had jurisdiction to review was the denial of the motion for reconsideration, which the Fifth Circuit held was proper. Opinion

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