Arenson v. Southern University Law Center, 93-3544

Decision Date11 May 1995
Docket NumberNo. 93-3544,93-3544
Citation53 F.3d 80
Parties100 Ed. Law Rep. 30 Kenneth J. ARENSON, Plaintiff-Appellant, v. SOUTHERN UNIVERSITY LAW CENTER, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

Appeal from the United States District Court for the Middle District of Louisiana.

ON PETITION FOR REHEARING

(Opinion January 26, 1995, 5th Cir., 43 F.3d 194)

Before JONES, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

Appellant Kenneth J. Arenson petitions this Court on rehearing for a clear ruling on his claim to attorney's fees, interest on his judgment, and relief based on his Title VII claim. For purposes of clarification, we confirm that Arenson is entitled to attorney's fees as a prevailing party at trial and on appeal and to interest. We remand to the district court for determination of a reasonable fee and appropriate interest. However, Appellant's request for Title VII relief is denied because Arenson waived his Title VII claim by failing to seek a ruling on that issue from the Arenson I panel.

Except as specifically granted above, Appellant's Petition for Rehearing is DENIED. This case is REMANDED to the district court for determination of a reasonable attorney's fee and appropriate interest.

Clarification GRANTED; case REMANDED.

To continue reading

Request your trial
9 cases
  • Freund v. Nycomed Amersham
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 21, 2003
    ...a conditional ruling as required by Rule 50(c). Freund relies on Arenson v. Southern Univ. Law Ctr., 43 F.3d 194, 197, clarified, 53 F.3d 80 (5th Cir.1995), which held that a litigant who fails to secure a Rule 50(c) conditional ruling in the district court loses the right to a new trial if......
  • Atwater v. City of Lago Vista, 98-50302
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 24, 1999
    ...appeal, an appellant must show a plain (clear or obvious) error that affects substantial rights."); cf. Arenson v. Southern Univ. Law Ctr., 53 F.3d 80, 81 (5th Cir. 1995) (per curiam) ("Appellant's request [in his petition for rehearing] for Title VII relief is denied because Arenson waived......
  • Coleman v. Dretke
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 13, 2005
    ...brief or at oral argument. The attempt to object for the first time on petition for rehearing comes late. See Arenson v. S. Univ. Law Ctr., 53 F.3d 80, 81 (5th Cir.1995). Furthermore, we fail to see any merit to an objection to the panel taking judicial notice of the state agency's own webs......
  • In re Old Am. Cnty. Mut. Fire Ins. Co., NUMBER 13-14-00231-CV
    • United States
    • Court of Appeals of Texas
    • September 25, 2014
    ...v. Imp. Warehouse, Inc., 448 F.3d 317, 324 (5th Cir. 2006); Maiz v. Virani, 311 F.3d 334, 336 (5th Cir. 2002); Resolution Trust Corp., 53 F.3d at 80; Gerjets v. Davila, 116 S.W.3d 864, 869 (Tex. App.—Corpus Christi 2003, no pet.); Bay City Plastics, Inc., 106 S.W.3d at 324-25; Cross, Kiesch......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT