The court held that the district court had subject-matter jurisdiction because the APA’s final-agency-action requirement is not jurisdictional and § 702 waives sovereign immunity for the claims seeking equitable relief.
U.S. Court of Appeals for the D.C. Circuit, 2006
Published opinions from 2006. The case name opens the case page.
2006 opinions
D.C. Cir.Christine M. Holcomb, Appellant v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Appellee
January 10, 2006433 F.3d 889
The court affirmed summary judgment for the FDIC on Holcomb’s race-discrimination claim because the evidence did not permit a reasonable jury to find that the FDIC’s qualifications-based explanation for selecting another applicant was pretextual or that race motivated the decision.