Opinion

Cooper v. Federal Aviation Administration

  • 622 F.3d 1016
  • 2010 U.S. App. LEXIS 19622
  • 2010 WL 3584055
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 16, 2010
Status
Published
On the bench
O'Scannlain, Bright, Hawkins, Smith
Cited by
10 cases
Authority
More cited than 79.1%

holding that, where Congress uses identical text in two statutes having similar purposes, we pre- sume that Congress intended the same meaning

How later courts described this case

  • holding that, where Congress uses identical text in two statutes having similar purposes, we pre- sume that Congress intended the same meaning
  • holding "actual damages" does not include emotional distress damages as used in the Privacy Act of 1974, codified in part at 5 U.S.C. § 552a

Written by the judges who cited it.

The opinion

Order; Concurrence to Order by Judge MILAN D. SMITH, JR.; Dissent to Order by Judge O’SCANNLAIN; Opinion by Judge MILAN D. SMITH, JR.

ORDER

The opinion filed February 22, 2010, and published at 596 F.3d 538 , is hereby amended by deleting footnote 2 (and renumbering succeeding footnotes) on pages 2825-26 of the slip opinion (also found at 596 F.3d 538, 543-44 ).

With this amendment, the panel votes to deny the petition for panel rehearing. Judge M. Smith votes to deny the petition *1019 for rehearing en banc, and Judges Bright and Hawkins so recommend.

The full court was advised of the petition for rehearing en banc. After a request for a vote by an active judge, a vote was taken, and a majority of the active judges of the court failed to vote for a rehearing en banc. Fed. R.App. P. 35(f).

The petitions for panel rehearing and rehearing en banc are DENIED. Further petitions for rehearing and rehearing en banc shall not be entertained.

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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