Opinion

American Airlines, Inc. v. National Mediation Board

  • 479 F. App'x 657
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 3, 2012
Status
Published
On the bench
Elrod, Haynes, Higginbotham
Cited by
0 cases
Authority
More cited than 10.4%

The opinion

PER CURIAM: *

Judicial review of National Mediation Board (“NMB”) decisions pursuant to the exception carved out by the Supreme Court in Leedom v. Kyne, 358 U.S. 184 , 79 S.Ct. 180 , 3 L.Ed.2d 210 (1958) is only appropriate where there is a “ ‘plain’ violation of an unambiguous and mandatory provision of the statute,” or in other words, where the NMB has committed “egregious error.” Am. Airlines, Inc. v. Herman, 176 F.3d 283, 293 (5th Cir.1999) (quoting United States v. Feaster, 410 F.2d 1354, 1368 (5th Cir.1969) (explaining that jurisdiction is proper only if the challenged NMB action is “an obvious or gross misapplication of statutory dictates”)). The Leedom v. Kyne exception is not applicable on the facts of this case and therefore the district court erred in exercising jurisdiction. As a result, we do not need to reach the other issues presented on this appeal. We VACATE the district court’s judgment in its entirety and REMAND with instructions to dismiss American Airlines, Inc.’s complaint for lack of subject matter jurisdiction.

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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