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Split Fifth Circuit Panel Grants Mandamus to Order Venue Transfer Under 28 U.S.C. § 1404(a), Holding That District Court Erred in Relying on Court Congestion as a Controlling Factor

The Fifth Circuit has been the site of vexing and notorious venue battles, as parties jostle to forum shop – or avoid – districts in Texas and Louisiana. In In re Google, No. 25-40788 (5th Cir. April 7, 2026), a 2-1 panel holds that the district court clearly abused its discretion in denying defendant Google,…

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Split Fourth Circuit Panel Holds That There Was No Injury Fairly Traceable to Maryland State Officials Under the Federal Servicemembers Civil Relief Act, and Thus No Article III Standing by Servicemembers to Enforce the Act

In Rouse v. Fader, No. 25-1004 (4th Cir. Mar. 24, 2026), a 2-1 panel of the Fourth Circuit holds that the plaintiffs—“three married couples, each with one spouse who was an active-duty servicemember”—lacked Article III standing to enforce the Servicemembers Civil Relief Act, 50 U.S.C. § 3902, because no injury was fairly traceable to the…

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