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 Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided

In In re Ken Paxton, No. 22-50882 (5th Cir. Nov. 14, 2022), the panel grants a writ of mandamus directing that the district court quash a subpoena of Texas Attorney General Paxton until the judge decides whether he should be dismissed from the action owing to sovereign immunity. The underlying lawsuit challenged the potential extraterritorialContinue reading “Fifth Circuit Grants Mandamus to Quash Subpoena of State Attorney General’s Testimony Until Sovereign Immunity Issue Is Decided”

Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing

In Campaign Legal Center v. Scott, No. 22-50692 (5th Cir. Sept. 29, 2022), the Fifth Circuit holds that a group of voting-rights organizations suing the State of Texas for information under the National Voter Registration Act of 1993 (“NVRA”) lacked Article III standing to bring their claim. The plaintiff organizations sued Texas under the NVRA’sContinue reading “Fifth Circuit Tosses Injunction Against State Under National Voter Registration Act for Plaintiffs’ Lack of Injury of Fact for Title III Standing”

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”

En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue

In Douglass v. Nippon Yusen Kabushiki Kaisha, No. 20-30379 (5th Cir. Aug. 16, 2022) (en banc), the Fifth Circuit holds 12-5 that the Fourteenth Amendment due process standards for personal jurisdiction over foreign defendants applies equally to the Fifth Amendment due process clause. A prior panel decision had agreed, see May 3, 2021 blog, butContinue reading “En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue”

Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools

In E.T. v. Paxton, No. 21-51083 (5th Cir. July 25, 2022), a Fifth Circuit panel splits three ways on whether a group of parents had standing to sue Texas Governor Greg Abbott, the state’s attorney general, and other officers to enjoin an executive order that banned mask mandates in schools, specifically as an accommodation forContinue reading “Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools”

Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit

In Ueckert v. Guerra, No. 22-40263 (5th Cir. June 27, 2022), the Fifth Circuit dismissed as untimely an appeal filed 412 days after a verbal bench order was entered on the docket. “There is at least one exception to the maxim ‘no news is good news.’ When a lawyer has an outstanding motion but hasn’tContinue reading “Oral Bench Ruling Was Final Decision That Triggered Running of Time to Appeal, Holds Fifth Circuit”

District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit

In Turner v. GoAuto Insurance, No. 22-30103 (5th Cir. May 2, 2022), the Fifth Circuit holds that a district court properly remanded a class action to state court under 28 U.S.C. § 1446 when it accepted an amended complaint, filed two days before the removal petition, as the operative complaint that limited the class solelyContinue reading “District Court May Not Look Behind a State Court’s Application of Its Own Procedural Law on Motion to Remand Under 28 U.S.C. § 1446, Holds Fifth Circuit”

Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order

In Defense Distributed v. Bruck, No. 21-50327 (5th Cir. Apr. 1, 2022), a 2-1 panel of the Fifth Circuit issues a writ of mandamus directing a federal judge in the Western District of Texas to vacate an order severing and transferring part of a case to the District of New Jersey, and to request thatContinue reading “Fifth Circuit Judges Clash in Gun “Free Speech” Case About Whether Mandamus Was Appropriate Relief to Vacate Joint Severance and Transfer Order”

Fifth Circuit Orders Hearing Into Whether Criminal Defendant Was Denied Sixth Amendment Rights When Her Lawyer Also Represented “Government’s Star Witness” Against Her

In United States v. Sheperd, No. 19-20073 (5th Cir. Mar. 8, 2022), the Fifth Circuit remands a case for a hearing about whether the defendant’s Sixth Amendment rights were violated when “her pretrial lawyer—who represented her until days before trial—also represented one of the Government’s star witnesses.” “Ann Sheperd owned and operated a home-health agency.Continue reading “Fifth Circuit Orders Hearing Into Whether Criminal Defendant Was Denied Sixth Amendment Rights When Her Lawyer Also Represented “Government’s Star Witness” Against Her”