Opinion

Mendoza v. Borden, Inc.

158 F.3d 1171 · Court of Appeals for the Eleventh Circuit · Oct 28, 1998

Full text

Opinions in this case

Red MENDOZA, Plaintiff-Appellant, v. BORDEN, INC., d.b.a. Borden's Dairy, Defendant-Appellee. No. 97-5121. United States Court of Appeals, Eleventh Circuit. March 19, 1999 Appeal from the United States District Court for the Southern District of Florida (No. 96-1082-CV-LCN), Lenore C. Nesbitt, Judge. ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion October 28, 1998, 11th Cir., 158 F.3d 1171 ). Before HATCHETT, Chief Judge, and TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL and MARCUS, Circuit Judges. BY THE COURT: A member of this court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.

Status

Published

Author

Judges

Not listed

Cluster ID

73244

Citations

158 F.3d 1171
74 Empl. Prac. Dec. (CCH) 45,598
78 Fair Empl. Prac. Cas. (BNA) 1507
8 Am. Disabilities Cas. (BNA) 1665
1998 U.S. App. LEXIS 27923
1998 WL 751038

Cited by

Red Mendoza v. Borden, Inc., D.B.A. Borden's Dairy
Eleventh Circuit · Nov 16, 1999
Molenda v. Hoechst Celanese Corp.
S.D. Florida · Mar 16, 1999
Reynolds v. Golden Corral Corp.
M.D. Alabama · Mar 11, 1999
Fusaro v. Hialeah Housing Authority
S.D. Florida · Jan 11, 1999
Nielsen v. Moroni Feed Company
Tenth Circuit · Dec 9, 1998

Parentheticals

Eleventh Circuit did not address issue directly, but noted, in case involving an allegation of constructive discharge, that "on remand, [defendant] will have the opportunity to establish whether the affirmative defense outlined in Faragher would apply”
Reynolds v. Golden Corral Corp.