In Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, No. 23-20337 (5th Cir. May 16, 2025) (en banc), the Fifth Circuit unanimously overrules a 45-year-old circuit precedent and holds that an order remanding a removed case based on the defendant’s alleged waiver by participation in a state-court case falls within the court’s appellate jurisdictionContinue reading “En Banc Fifth Circuit Holds That Waiver-Based Remand Orders Are Appealable Under 28 U.S.C. § 1447, Overruling the Circuit’s Long-Standing Contrary Authority”
Monthly Archives: May 2025
Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case
In Yamashita v. LG Chem, Ltd., 62 F.4th 496 (9th Cir. 2023), the Ninth Circuit held that a products liability case involving an exploding lithium battery did not “arise out of or relate to” the South Korean manufacturer’s contacts with the forum state for purposes of personal jurisdiction. (See March 6, 2023 post, Ninth CircuitContinue reading “Divided Fifth Circuit Panel Splits with Ninth Circuit and Adopts a “Same Product Plus In-State Injury” Test of Relatedness for Personal Jurisdiction in a Product Liability Case”
Judge Exceeded Civil Contempt Powers by Ordering Defense Lawyers to Attend “Religious-Liberty Training,” Holds Fifth Circuit
In Carter v. Southwest Airlines Co. No. 23-10536 (5th Cir. May 8, 2025), while substantially affirming a contempt finding against Southwest for failing to carry out an order to notify the workplace – about the Title VII right to engage in religious-practices – holds that the district court went too far in ordering company lawyersContinue reading “Judge Exceeded Civil Contempt Powers by Ordering Defense Lawyers to Attend “Religious-Liberty Training,” Holds Fifth Circuit”
Diversity Allegations on “Information and Belief” Are Insufficient to Establish Subject-Matter Jurisdiction Beyond the Pleadings Stage and Judicial Notice Under Fed. R. Evid. 201 Cannot Bridge the Gap, Holds Fifth Circuit
In PNC Bank v. 2013 Travis Oak, No. 24-50101 (5th Cir. May 5, 2025), the Fifth Circuit remands the appeal of actions to enforce a settlement agreement, holding that claims severed from the original action require a separate, independent basis for diversity jurisdiction, and that the jurisdictional allegations in the complaint “on information and belief”Continue reading “Diversity Allegations on “Information and Belief” Are Insufficient to Establish Subject-Matter Jurisdiction Beyond the Pleadings Stage and Judicial Notice Under Fed. R. Evid. 201 Cannot Bridge the Gap, Holds Fifth Circuit”
Fifth Circuit Holds That State-Law Sovereign Immunity Doctrines Do Not Affect the Jurisdiction of Federal Courts
While state-law sovereign immunity doctrines apply in state court by virtue of Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), the Fifth Circuit holds in Anthology, Inc. v. Tarrant Cnty. Coll. Dist. (TCCD), No. 24-10630 (5th Cir. May 2, 2025), that they are treated as defenses and do not affect Article III subject-matter jurisdiction.Continue reading “Fifth Circuit Holds That State-Law Sovereign Immunity Doctrines Do Not Affect the Jurisdiction of Federal Courts”
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