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Ligon v. Lahood

Appellant appeals the district court's dismissal of his claim under the Age Discrimination in Employment Act (ADEA). The district court lacked jurisdiction to address his ADEA claim because that claim was inescapably intertwined with a challenge to the Federal Aviation Administration order itself, and the courts of appeals, not the district courts, have exclusive jurisdiction over such challenges. 5th U.S. Circuit Court of Appeals, No. 09-10860, 08-12-2010

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Published opinion

Before JOLLY, SMITH, and OWEN, Circuit Judges.

Jack Ligon appeals the district court’s dismissal of his claim under the Age Discrimination in Employment Act (ADEA). The district court dismissed Ligon’s ADEA challenge to a Federal Aviation Administration (FAA) order reducing his areas of authority as a Designated Engineering Representative (DER) because it concluded that Ligon, as a DER, was not an FAA employee within the meaning of the ADEA. Although this may be true, we conclude, more fundamentally, that the district court lacked jurisdiction to address Ligon’s ADEA claim because that claim was inescapably intertwined with a challenge to the FAA order itself, and the courts of appeals, not the district courts, have exclusive jurisdiction over such challenges. Accordingly, we reverse in part, affirm in part, and remand with instructions for the district court to dismiss Ligon’s claim for lack of subject matter jurisdiction.

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