On August 23, 1980, a Mexican-American employee of Celanese Corporation filed a lawsuit under 42 U.S.C. § 2000e against Celanese Corporation and the contracting firm of Arthur Brothers, Inc. in the United States District Court for the Southern District of Texas. The Plaintiff, represented by private counsel, claimed that Celanese and ABI denied him and other Mexican-American workers an equal opportunity to compete with Caucasian employees for the preferred jobs at Celanese.
On May 1, 1981, the District Court (Judge Ricardo Hinojosa) partially dismissed individual claims and completely dismissed class allegations against Celanese Corporation. The case proceeded as an individual action. (order not available)
As of September 28, 1995, the cases had settled on all issues except the issue of attorney fees. Celanese Corporation paid Guerra $12,500 to settle Guerra's claim. The Court denied Plaintiffs' motion for attorney fees and costs. (order not available)
The Court dismissed Plaintiffs' claims against Celanese Corporation on March 28, 1996. The case was dismissed with prejudice. About one year later, and pursuant to Plaintiffs' motion, the Court dismissed Plaintiffs' claims against Arthur Brothers with prejudice on March 31, 1997. The Court also refused to award attorney fees against Arthur Brothers. (order not available)
The United States Court of Appeals for the Fifth Circuit affirmed the District Court on August 14, 1997. Guerra v. Celanese Corporation, 124 F.3d 192 (5th Cir. 1997).
On January 9, 1998, the Fifth Circuit Court of Appeals affirmed in part, reversed in part, and remanded in part. Guerra v. Celanese Corporation, 136 F.3d 137 (5th Cir. 1997). The Court held that the District Court had erred when it declared that Plaintiff Guerra was not a prevailing party. The Court remanded the case to the District Court to determine a reasonable amount of attorney fees.
On remand, the District Court (Judge Ricardo Hinojosa) ordered Defendant to pay $5,000 in attorney fees plus related costs.
The Fifth Circuit Court of Appeals affirmed the District Court on August 15, 2000. Guerra v. Celanese Corporation, 232 F.3d 207 (5th Cir. 2000).
On March 31, 2001, the District Court ordered Defendant to pay $203 in costs. The Court denied Plaintiffs' request for additional costs.
The Fifth Circuit affirmed the District Court on March 19, 2002. Guerra v. Celanese Corporation, 34 Fed. Appx. 151 (5th Cir. 2002).Haley Waller - 10/04/2010