Tag Archives: Comity

Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief

In Ganpat v. Eastern Pacific Shipping PTE, No. 22-30168 (5th Cir. Apr. 28, 2023), the Fifth Circuit divides over whether the district court abused its discretion in issuing an anti-suit injunction to bar litigation of a sailor’s personal injury action in India. “Kholkar Vishveshwar Ganpat, a citizen of India, worked as a crew member onContinue reading “Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief”

New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case

In a gun-rights case that’s generated a succession of Fifth Circuit decisions (see blog entries of August 20, 2020, April 2, 2022, and September 19, 2022), the Fifth Circuit finally throws in the towel with a decision holding that it lacks jurisdiction, owing to the failure of a transferee court to return a case toContinue reading “New Jersey District Court Scores TKO in Epic Fight with Fifth Circuit Over Venue of Gun-Rights Case”

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”