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,Continue reading “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”
Tag Archives: 28 U.S.C. § 1404(a)
Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed
In In re Fort Worth Chamber of Commerce, No. 24-10266 (5th Cir. Apr. 5, 2024), a 2-1 panel holds that a court in the Northern District of Texas exceeded its jurisdiction by transferring a case to the District for the District of Columbia under 28 U.S.C. § 1404(a) after a notice of appeal had already beenContinue reading “Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed”
Fifth Circuit Panel Issues Scheduling Order with Concurrence Imploring Transferee District Court in New Jersey to Return a Case to Texas
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”
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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