- United States Court of Appeals, Fifth Circuit
- HAYNES, CIRCUIT JUDGE
In September 2014, Welsh sued her employer, alleging that it discriminated and retaliated against her on the basis of her gender, national origin and age. In January 2015, the district court dismissed the suit for lack of subject matter jurisdiction. After Welsh filed another charge, she filed another suit against the school district, again alleging discrimination and retaliation. The district court dismissed the second suit on the basis of res judicata. The court reversed. It held that res judicata barred only those claims that were "mature" at the time Welsh filed her first suit. Although the school district argued that Welsh was required to amend her complaint in the first suit, to include the later allegations that formed the basis of her second suit, the court rejected this argument. It remanded the case to determine which claims were barred, and which claims remained viable.
Welsh v. Fort Bend Indep. School Dist., 5th Circuit, No. 16-20538, 6/22/17
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