In Defense Distributed v. Platkin, No. 22-50669 (5th Cir. Sept. 16, 2022), two concurring judges in a per curiam scheduling order issue an unusual plea to a district court judge in another circuit to return a case to Texas as an “act of inter-district comity, mutual respect, and courtesy.” The case involves a company thatContinue reading “Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas”
Tag Archives: 28 U.S.C. § 1404(a)
Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit
In Jenkins v. Prime Ins. Co., No. 21-11104 (11th Cir. May 4, 2022), the Eleventh Circuit holds that where a district court dismisses part of case on the merits and transfers the rest out of circuit under 28 U.S.C. § 1404(a), the partial dismissal is not a final decision subject to appeal under 28 U.S.C.Continue reading “Despite “Predicament” That Plaintiffs May Get No Appeal on the Merits, Eleventh Circuit Holds That There Is No Jurisdiction to Review a Partial Dismissal Where the Rest of the Claims Were Transferred to Another Circuit”
Fifth Circuit Panel Holds That 28 U.S.C. § 1631 Transfer Can Cure a Lack of Personal Jurisdiction
In Franco v. Mabe Trucking Co., No. 19-30316 (5th Cir. July 8, 2021), the Fifth Circuit joins other circuits that have held that 28 U.S.C. § 1631 can cure defective personal as well as subject-matter jurisdiction. But the panel split on the interaction between § 1631 and Louisiana’s “prescription” (limitations) law. A vehicular accident onContinue reading “Fifth Circuit Panel Holds That 28 U.S.C. § 1631 Transfer Can Cure a Lack of Personal Jurisdiction”
Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit
In Hinkley v. Envoy Air, Inc., No. 19-10848 (5th Cir. Aug. 4, 2020), the panel is presented with a convoluted problem of removal from state court under 28 U.S.C. § 1441(a) that was filed in the wrong federal district. The panel holds that such a defect is only procedural rather than jurisdictional and was thusContinue reading “Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit”
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