In re UAL Corp.
In re UAL Corp.
Opinion of the Court
ORDER
Barnita Vann, a former employee of United Airlines who had sued the airline for race discrimination, challenges the denial of a proof of claim that she filed in United’s bankruptcy proceeding. We affirm.
Vann, who is African-American, had been working at United’s Chicago Reservation Center for approximately two years when United internally advertised openings in a different unit. Vann hoped that United would transfer her but, unlike colleagues to whom United offered the positions, she did not submit the appropriate forms requesting transfer by the due date. United later re-posted the same openings. The second time around, Vann did submit a proper request form, but United gave the positions to more senior employees. Months later Vann was discharged for insubordination and poor work attendance. In 2000 she sued United in the Northern District of Illinois, alleging that United discriminated against her based on race, see 42 U.S.C. § 1981, and somehow violated her representation rights under the Railway Labor Act (RLA), see 45 U.S.C. § 151 et seq. In 2002 Judge Holderman granted summary judgment to United on both claims on the grounds that they were time-barred and that Vann failed to establish any genuine issue of material fact.
After Vann appealed, United filed for bankruptcy. The bankruptcy proceedings had the effect of staying all actions in this court against United, including Vann’s appeal, and so she filed a proof of claim in bankruptcy court reiterating her allegations. We later dismissed Vann’s appeal, noting that the bankruptcy plan discharged all actions related to services performed by United employees. Vann v. United Airlines, Inc., Nos. 02-4083 & 03-1649, (7th Cir. Aug. 7, 2006) (unpublished order).
Later, the bankruptcy judge denied Vann’s claim. Noting that Judge Holder-man already had addressed the merits of Vann’s claim in the earlier case, the bankruptcy judge decided simply to adopt Judge Holderman’s ruling. Vann appealed to the district court. At that stage, Judge Darrah heeded the requests of both parties to affirm the bankruptcy judge’s decision so that Vann could, as she now does, appeal to this court.
Vann’s submission on appeal does not target specific issues relating to the bankruptcy proceeding. Instead, it reiterates her assertions in the earlier district court proceedings that United discriminated against her based on race and violated her representation rights under the RLA, 45 U.S.C. § 151 et seq. Additionally Vann asserts for the first time that United somehow colluded with her landlords to force her eviction from her apartment and that her due process rights were violated. Because these arguments were not presented below, they are waived here. See Hicks v. Midwest Transit, Inc., 500 F.3d 647, 652 (7th Cir. 2007). (In any event, there is absolutely no evidence that United had anything to do with Vann’s housing situation, nor does the record reveal any conceivable due process violation.)
Turning to Vann’s § 1981 and RLA claims, we note that United has not raised the affirmative defense of claim preclusion, see Ross ex rel. Ross v. Bd. of Educ. of Twp. High Sch. Dist. 211, 486 F.3d 279,
Finally, Vann has filed a motion for sanctions against United or disciplinary measures against its attorneys. Because she has not specified any facts that would warrant sanctions, we DENY her motion.
The judgment of the district court is Affirmed.
Reference
- Full Case Name
- In re UAL CORPORATION. Appeal of Barnita P. Vann
- Cited By
- 1 case
- Status
- Published