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TGX Corp. v. Simmons

United States Court of Appeals, Fifth Circuit
Aug 15, 1995
62 F.3d 666 (5th Cir. 1995)

Summary

stating that a "judgement without prejudice does not operate as res judicata"

Summary of this case from Hernandez v. International Shipbreaking Limited, LLC

Opinion

No. 92-3375.

August 15, 1995.

Ewell E. Eagan, Jr., C. Peck Hayne, Jr., Gordon, Arata, McCollam Duplantis, New Orleans, LA, F. Henri Lapeyre, Jr., Lapeyre, Terrell Randazzo, New Orleans, LA, for Gaylton D. Simmons and Gloria Annette Turner Simmons.

Scott R. McIntosh, Barbara C. Biddle, Appellate Staff, Civ. Div., Justice Dept., Washington, DC, Paul Gonson, Sol., Securities Exchange, Jacob H. Stillman, Associate Gen. Counsel, Washington, DC, for Intervenor-USA.

James M. Garner, McGlinchey, Stafford, Cellini Lang, J. Forrest Hinton, Martha M. Young, New Orleans, LA, for Greenwich Ins. Co.

Harold B. Carter, Jr., Stephen Williamson, Patrick O'Keefe, Montgomery, Barnett, Brown, Read, Hammond Mintz, New Orleans, LA, for J.C. Templeton.

Julie E. Schwartz, Liskow Lewis, New Orleans, LA, Donald C. Templin, Phillip Philbin, Leila D'Aquin, Haynes Boone, Dallas, TX, for BDO Seidman.

Henri Wolbrette, III, McGlinchey, Stafford, Cellini Lang, New Orleans, LA, for Continental Ins.

Appeals from the United States District Court for the Eastern District of Louisiana.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.


The district court's judgment was originally reversed by this court. Pacific Mut. Life Ins. Co. v. First RepublicBank Corp., 997 F.2d 39 (5th Cir. 1993). Our judgment was vacated by the Supreme Court. In light of Plaut v. Spendthrift Farm, Inc., ___ U.S. ___, 115 S. Ct. 1447, 131 L.Ed.2d 328 (1995), we now affirm the judgment of the district court.

Appellants argue that our case is distinguishable from Plaut because the district court dismissal of their claims was without prejudice. We believe that Plaut turned not on the fact that the judgments Congress chose to set aside through retroactive legislation were with prejudice, but on the fact that they were final judgments. The opening sentence of Plaut so posed the Court's constitutional inquiry. Id. at ___, 115 S. Ct. at 1450. The Court found a violation of the separation of powers because Congress, by enacting § 27A, was "retroactively commanding the federal courts to reopen final judgments . . . ." Id. at ___, 115 S.Ct. at 1453. The Court further reasoned that "[h]aving achieved finality, however, a judicial decision becomes the last word of the judicial department with regard to a particular case or controversy, and Congress may not declare by retroactive legislation that the law applicable to that very case was something other than what the courts said it was . . . . The separation-of-powers violation here . . . consists of depriving judicial judgments of the conclusive effect that they had when they were announced . . ." Id. at ___, 115 S. Ct. at 1457 (emphasis in original).

We believe that the district court intended to enter and did enter a final judgment because it found that the federal claims were time barred. See Pacific Mutual, 997 F.2d at 43. We specifically concluded in our prior appeal that "[e]ach of the defendants in these cases . . . possessed final, nonappealable judgments dismissing the plaintiffs' § 10(b) claims." Id. at 46.

It is true that the district court accommodated appellants by deleting the term "with prejudice" from the judgment. The judgment without prejudice does not operate as res judicata. The claim could be pursued again in a new action. To obtain the relief Congress granted, however, plaintiffs had to reinstate the former action, and this is what the Supreme Court forbids.

AFFIRMED.


Summaries of

TGX Corp. v. Simmons

United States Court of Appeals, Fifth Circuit
Aug 15, 1995
62 F.3d 666 (5th Cir. 1995)

stating that a "judgement without prejudice does not operate as res judicata"

Summary of this case from Hernandez v. International Shipbreaking Limited, LLC

In TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. 1995), the Fifth Circuit declined to attribute significance to the fact plaintiffs' claims were dismissed without, rather than with, prejudice in considering the effect of Plaut on plaintiffs' appeal. The court reasoned that "Plaut turned not on the fact that the judgments Congress chose to set aside through retroactive legislation were with prejudice, but on the fact that they were final judgments" on the merits of the statute of limitations defense under Lampf.

Summary of this case from Rosenthal v. Dean Witter Reynolds, Inc.
Case details for

TGX Corp. v. Simmons

Case Details

Full title:TGX CORP., PLAINTIFF, v. GLORIA ANNETTE TURNER SIMMONS, ET AL.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 15, 1995

Citations

62 F.3d 666 (5th Cir. 1995)

Citing Cases

Rosenthal v. Dean Witter Reynolds, Inc.

Id. In TGX Corp. v. Simmons, 62 F.3d 666 (5th Cir. 1995), the Fifth Circuit declined to attribute…

Hernandez v. International Shipbreaking Limited, LLC

Accordingly, to the extent it was even properly presented, the Court hereby concludes ISL's res judicata…