Fifth Circuit – Page 3 – Paul Mollica's Federal Courts Blog

Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit

In Pool v. City of Houston, No. 22-2049 (5th Cir. Dec. 11, 2023), the Fifth Circuit dismisses a four-year-old First Amendment case for lack of subject-matter jurisdiction, where the court determines that “all parties have agreed from the beginning . . . that Houston’s [challenged] voter registration provisions governing circulators” are unconstitutional, and thus theContinue reading “Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit”

Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit

In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”

Fifth Circuit Judge Expounds on Internal Operations, Castigates Justice Department in Dissent from Denial of Rehearing En Banc

In a dissent from denial of a sua sponte vote for rehearing en banc in a direct federal criminal appeal, United States v. Ramirez, No. 22-50042 (5th Cir. Sept. 19, 2023), Judge Jerry E. Smith rakes over the panel majority, the majority of active judges who voted against rehearing, and the Justice Department (for notContinue reading “Fifth Circuit Judge Expounds on Internal Operations, Castigates Justice Department in Dissent from Denial of Rehearing En Banc”

Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students

In Louisiana State v. Jefferson Parish School Board, No. 22-30143 (5th Cir. Aug. 22, 2023), the Fifth Circuit dismisses the State of Louisiana’s continuation of a case in federal court against a local school board that sought to discipline two student who displayed weapons during remote-learning sessions during the COVID lockdown. (The original decision wasContinue reading “Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students”

Fifth Circuit Rejects “Futility” Exception to 28 U.S.C. § 1447(c) Remand Requirement

In Spivey v. Chitimacha Tribe, No. 22-30436 (5th Cir. Aug. 16, 2023), the Fifth Circuit joins the majority of circuits in holding that there is no “futility” exception to ordering the remand of a case to state court under 28 U.S.C. § 1447(c) when it determines that it lacks subject matter jurisdiction over a removedContinue reading “Fifth Circuit Rejects “Futility” Exception to 28 U.S.C. § 1447(c) Remand Requirement”

Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction

Other federal courts of appeals have had little difficulty concluding that the end of the military’s COVID-19 vaccine mandate – as legislated in the James M. Inhofe National Defense Authorization Act (NDAA) in 2022 –renders moot all pending litigation concerning injunctive relief from the rule. Just yesterday, the Tenth Circuit in Robert v. Austin, No.Continue reading “Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction”

Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock

In Braidwood Mgt. v. EEOC, No. 22-10145 (5th Cir. June 20, 2023), the Fifth Circuit holds that a for-profit “Christian” business and a non-denominational Christian church suffered a concrete injury from prospective enforcement of a guidance by the federal Equal Employment Opportunity Commission (EEOC) sufficient to support Article III standing. The guidance at issue isContinue reading “Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock”

Fifth Circuit Breaks With Other Circuits and Holds That Parents May Represent Minor Children Pro Se in Federal Court

In Raskin v. Dallas Indep. Sch. Dist., No. 21-11180 (5th Cir. June 2, 2023), the Fifth Circuit goes against the weight of ten other circuits and holds that there is no absolute bar to non-attorney parents representing their children pro se in federal court under the language of 28 U.S.C. § 1654. (Here’s a priorContinue reading “Fifth Circuit Breaks With Other Circuits and Holds That Parents May Represent Minor Children Pro Se in Federal Court”

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”