In New Orleans City v. Aspect Energy, LLC, No. 24-30199 (5th Cir. Jan. 23, 2025), the Fifth Circuit holds that the unexplained failure of the City of New Orleans to add the State of Louisiana as a party to its complaint meant that the federal court had diversity jurisdiction over the removed case. “Appellant, NewContinue reading “City’s Unexplained Failure to Name State as a Party Prevents Remand of Removed Case to State Court Under 28 U.S.C. § 1447, Holds Fifth Circuit”
Tag Archives: Fifth Circuit
Split Fifth Circuit Panel Holds That Damages Order Should Not Have Been Certified for Interlocutory Appeal Under § 1292(b), Dismissing Case for Lack of Jurisdiction
In Silverthorne v. Sterling Seismic Services, Ltd., No. 24-20006 (5th Cir. Jan. 3, 2025), a Fifth Circuit panel divides over whether the court should have accepted a 28 U.S.C. § 1292(b) interlocutory appeal from a certified order about a jury instruction addressing damages. Section § 1292(b) allows a district court to certify an order forContinue reading “Split Fifth Circuit Panel Holds That Damages Order Should Not Have Been Certified for Interlocutory Appeal Under § 1292(b), Dismissing Case for Lack of Jurisdiction”
The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments
Last week, in United States v. King Cnty., No. 23-35362 (9th Cir. Nov. 29, 2024) and State of Texas v. U.S. Dep’t of Homeland Security, No. 23-50869 (5th Cir. Nov. 27, 2024), the Fifth and Ninth Circuits follow different paths on the scope of intergovernmental immunity to insulate federal agency actions to enforce federal immigrationContinue reading “The Fifth and Ninth Circuits Reach Opposite Outcomes in Immigration Cases Where the United States Invokes Intergovernmental Immunity Against State and Local Governments”
Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)
While monetary loss is almost always deemed sufficient to trigger Article III standing, in Jones v. Reeves, No. 24-60371 (5th Cir. Nov. 19, 2024), a Fifth Circuit panel dismisses an eight-year old case (on its fourth appeal) on the ground that the plaintiffs lacked Article III standing to protect per diem payments they recieved byContinue reading “Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)”
Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings
In M.D. v. Abbott, No. 24-40248 (5th Cir. Oct. 11, 2024), a Fifth Circuit panel reverses an order of contempt against the State of Texas and orders reassignment of a case involving the state’s foster care system to another federal district court judge. “Plaintiffs are a class of minor children who challenged the constitutionality ofContinue reading “Fifth Circuit Orders Removal of District Court Judge from Institutional Reform Lawsuit for Alleged “Intemperate Conduct” During Contempt Proceedings”
State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit
In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”
Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time
In J.A. Masters v. Beltramini, No. 23-20292 (5th Cir. Sept. 9, 2024), the Fifth Circuit finds itself returning a fully-tried case to the district court – for a second time – to adjudicate whether it had diversity jurisdiction. Judge Haynes files a dissent. “This appeal comes to us following a five-day jury trial. Plaintiffs J.A.Continue reading “Say It (Over and Over Again): Fifth Circuit Orders District Court to Consider Diversity of Citizenship a Second Time”
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””
Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed
In In re Fort Worth Chamber of Commerce, No. 24-10266 (5th Cir. Apr. 5, 2024), a 2-1 panel holds that a court in the Northern District of Texas exceeded its jurisdiction by transferring a case to the District for the District of Columbia under 28 U.S.C. § 1404(a) after a notice of appeal had already beenContinue reading “Split Fifth Circuit Panel Issues Mandamus to Vacate Transfer of a Suit Against CFPB from Texas to D.C., Ordered by the District Court Only After the Notice of Appeal Was Filed”
Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc
In United States v. State of Texas, No. 23-50632 (5th Cir. Feb. 13, 2024), the Fifth Circuit – which voted to rehear the USA case to block Texas from erecting a floating barrier with Mexico – denies a stay of trial proceedings in the district court while the case is pending on appeal en banc;Continue reading “Full Fifth Circuit Splits Over Whether to Mandamus District Court to Suspend Trial Schedule in Rio Grande Floating Barrier Case While It Is Pending En Banc”
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