28 U.S.C. § 1406(a) – Paul Mollica's Federal Courts Blog

En Banc Fifth Circuit Divides 8-8 on Transfer of SpaceX Lawsuit Against NLRB from Texas to California, With the Dissent Accusing NLRB Counsel of “Improper Conduct”

In a published order, In re Space Exploration Technologies, No. 24-40103 (5th Cir. April 17, 2024), the Fifth Circuit denies en banc rehearing of a 2-1 panel order denying mandamus to vacate a district court’s decision under 28 U.S.C. § 1406(a) to transfer plaintiff SpaceX’s suit challenging the constitutionality of hearings before the National LaborContinue reading “En Banc Fifth Circuit Divides 8-8 on Transfer of SpaceX Lawsuit Against NLRB from Texas to California, With the Dissent Accusing NLRB Counsel of “Improper Conduct””