U.S. Court of Appeals for the Eleventh Circuit, 2009

Wendell F. Gilley v. Monsanto Company, Inc.

U.S. Court of Appeals for the Eleventh Circuit · Decided February 3, 2009 · Marcus, Kravitch, Anderson

309 F. App'x 362

Counsel

Elisa Smith Rives, Elisa S. Rives, LLC, Guntersville, AL, for Plaintiff-Appellant., Jeffrey S. Russell, Bryan Cave LLP, Saint Louis, MO, for Defendants-Appellees.

Cases that cite this one

1 later published case cites this decision.

Wendell F. Gilley v. Monsanto Company, Inc. (11th Cir. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

After oral argument and careful consideration, we conclude that the judgment of the district court is due to be affirmed. We conclude that plaintiff cannot circumvent the law of the case established in Gilley v. Monsanto Co., Inc., 490 F.3d 848 (11th Cir. 2007). Therefore, plaintiffs claims in Count I and V are foreclosed. With respect to his claim based upon new evidence, we conclude that the evidence is not new, and that plaintiff had ample opportunity to present that evidence in the hearing before the district court prior to the first appeal. Nor is there any other meritorious exception to the law of the case. With respect to plaintiffs claims in Counts II, III and IV, plaintiffs initial brief on appeal failed to preserve the claims, and in any event the claims are without merit.

AFFIRMED.

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