Two federal judges in Texas recently granted motions to transfer cases to other courts. Then the Fifth Circuit got involved. Now, it's a nationwide mess.
This must be driving Civ Pro professors nuts. What exactly are they supposed to be teaching about jurisdiction? What was the claim for jurisdiction based on in the first case if no parties were connected with Texas? If I in Washington want to sue an Oregon resident in federal court, can I now just file it with Judge Katastrophe in Texas for...reasons?
Do you think either of these cases will make it to the Extremes so there is an actual RULING that binds even the 5th Circuit? Do you think this scotus would refuse to rein the 5th circuit in?
This is fascinating. Because in the parallel universe IP world, the Fifth Circuit issued a ruling on a mandamus petition late last year that blessed the Federal Circuit's approach which made it significantly easier to get cases without a local connection out of two Texas courts that are hotbeds for patent litigation (Eastern and Western Districts). It's hard to know what the difference is
Was familiar with the Musk case, not the other. What now? Does this have to go to SCOTUS? And what next? Is the Fifth going to just willy nilly grab cases from other courts because in their opinion, it's their case?
Requests for mandamus in the Court of Appeals on an interlocutory is basically - how should I say it - BS? That almost never has merit and doesn't have any here.
So translation: The Fifth Circuit has gone mad with power?
This must be driving Civ Pro professors nuts. What exactly are they supposed to be teaching about jurisdiction? What was the claim for jurisdiction based on in the first case if no parties were connected with Texas? If I in Washington want to sue an Oregon resident in federal court, can I now just file it with Judge Katastrophe in Texas for...reasons?
Do you think either of these cases will make it to the Extremes so there is an actual RULING that binds even the 5th Circuit? Do you think this scotus would refuse to rein the 5th circuit in?
This is fascinating. Because in the parallel universe IP world, the Fifth Circuit issued a ruling on a mandamus petition late last year that blessed the Federal Circuit's approach which made it significantly easier to get cases without a local connection out of two Texas courts that are hotbeds for patent litigation (Eastern and Western Districts). It's hard to know what the difference is
Was familiar with the Musk case, not the other. What now? Does this have to go to SCOTUS? And what next? Is the Fifth going to just willy nilly grab cases from other courts because in their opinion, it's their case?
Where's the control in all of this?
Requests for mandamus in the Court of Appeals on an interlocutory is basically - how should I say it - BS? That almost never has merit and doesn't have any here.
But wait...there's more
https://storage.courtlistener.com/recap/gov.uscourts.txnd.387342/gov.uscourts.txnd.387342.71.0.pdf