In United States v. Ernst Jacob GmbH & Co. KG, No. 23-1969 (1st Cir. Oct. 23, 2025), the First Circuit rejects a holding in the Fifth Circuit and holds that a third-party defendant’s complaint for subrogation or contribution is enough to give a U.S. Court of Appeals jurisdiction over an interlocutory appeal under 28 U.S.C.Continue reading “Splitting With the Fifth Circuit, First Circuit Holds That a Third-Party Claim May Bring a Case Within Appellate Jurisdiction Under 28 U.S.C. § 1292(a)(3)”
Tag Archives: Fifth Circuit
Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit
In English v. Crochet, No. 25-30074 (5th Cir. Oct. 8, 2025), a Fifth Circuit panel partially reverses a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity case, holding in relevant part that the tort suit is not blocked by the Rooker-Feldman doctrine even though it calls into doubt monetary sanctions entered by a state-courtContinue reading “Lawsuit Against Attorneys for Alleged Conduct During a State-Court Action Not Blocked by Rooker-Feldman Doctrine, Holds Fifth Circuit”
Fifth Circuit Holds That 28 U.S.C. § 1359 Precludes Appointment of a “Sham” Trustee to Create Diversity Jurisdiction
In Fugedi v. Initram, Inc., No. 24-40283 (5th Cir. Sept. 9, 2025), the Fifth Circuit affirms dismissal of a case for lack of diversity jurisdiction, holding that appointment of a supposedly diverse trustee was a sham in violation of 28 U.S.C. § 1359. Section 1359 provides that “A district court shall not have jurisdiction ofContinue reading “Fifth Circuit Holds That 28 U.S.C. § 1359 Precludes Appointment of a “Sham” Trustee to Create Diversity Jurisdiction”
Two Fifth Circuit Panelists Tweak Presiding Judge for Forcing Second-Chair Lawyer to Proceed with Oral Argument When the Lead Counsel Had a Medical Emergency
In an unsigned order, Doe v. HHS, No. 24-40778 (5th Cir. Sept. 8, 2025), two concurring panelists lambaste their presiding colleague for proceeding with oral argument when the lead counsel for plaintiff called in with a medical emergency two hours prior. The text of the order is brief: “The court heard oral argument in thisContinue reading “Two Fifth Circuit Panelists Tweak Presiding Judge for Forcing Second-Chair Lawyer to Proceed with Oral Argument When the Lead Counsel Had a Medical Emergency”
Fifth Circuit Holds That The District Court Must Assure That the Class Recieves Notice of Attorney Fees Under Fed. R. Civ. P. 23(h), Even If No Party Objects to Its Omission
In Morrow v. Jones, No. 23-40546 (5th Cir. June 10, 2025), the Fifth Circuit holds that it is reversible error for the district court to not issue notice of a motion for attorney fees as required by Federal Rule of Civil Procedure 23(h), even if nobody objects to the omission. In a Fourth Amendment caseContinue reading “Fifth Circuit Holds That The District Court Must Assure That the Class Recieves Notice of Attorney Fees Under Fed. R. Civ. P. 23(h), Even If No Party Objects to Its Omission”
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
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”
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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