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Wilson v. Riggs Bank, N.A.

Citation: 143 F. App'x 343Docket: No. 05-1391

Court: Court of Appeals for the Federal Circuit; August 3, 2005; Federal Appellate Court

Narrative Opinion Summary

Riggs Bank, N.A. moved to dismiss Kim Marie Wilson’s appeal due to lack of jurisdiction, which Wilson opposed while also requesting a transfer of her appeal to the United States Court of Appeals for the District of Columbia Circuit. Wilson had previously sued Riggs Bank in the United States District Court for the District of Columbia, alleging discrimination under Title VII of the Civil Rights Act. The district court dismissed her complaint as untimely and barred by res judicata. Both Riggs Bank and Wilson subsequently acknowledged that this court lacks jurisdiction over the appeal, as outlined in 28 U.S.C. 1295. Consequently, the court denied Riggs Bank’s motion to dismiss and granted Wilson’s motion to transfer, moving the appeal to the appropriate appellate court under 28 U.S.C. 1631. Each party will bear its own costs.

Legal Issues Addressed

Costs in Jurisdictional Appeals

Application: Each party will bear its own costs in the jurisdictional matter.

Reasoning: Each party will bear its own costs.

Jurisdiction under 28 U.S.C. 1295

Application: The court lacks jurisdiction over Wilson's appeal, as both parties acknowledged, according to 28 U.S.C. 1295.

Reasoning: Both Riggs Bank and Wilson subsequently acknowledged that this court lacks jurisdiction over the appeal, as outlined in 28 U.S.C. 1295.

Res Judicata in Dismissal of Claims

Application: The district court dismissed Wilson's complaint as untimely and barred by res judicata.

Reasoning: The district court dismissed her complaint as untimely and barred by res judicata.

Transfer of Appeal under 28 U.S.C. 1631

Application: Wilson's motion to transfer the appeal to the appropriate appellate court was granted under 28 U.S.C. 1631.

Reasoning: Consequently, the court denied Riggs Bank’s motion to dismiss and granted Wilson’s motion to transfer, moving the appeal to the appropriate appellate court under 28 U.S.C. 1631.