Archives: Civil Procedure

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Louisiana and Texas COVID-19 Stay-at-Home Orders and Effects on State Courts

This article was updated on April 2, 2020. Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many courts in Louisiana and Texas have been forced to close or limit operations in conjunction with stay-at-home orders.  A brief discussion of how COVID-19 has affected Louisiana and Texas courts is discussed here.… Continue Reading

En Banc Fifth Circuit Issues Long-Awaited Ruling on Federal Officer Removal

The Fifth Circuit recently issued an en banc opinion in Latiolais v. Huntington Ingalls, Inc.,[1] a case previously featured on the Blog, overruling “extraordinarily confused” precedent and establishing a new removal test under the Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1).  This new test is likely to have significant impact on future removals to … Continue Reading

Fifth Circuit Opens Door to Removal Following Involuntary Dismissal of Non-Diverse Defendant

When is a case removable to federal court?  The general rule is that removability is determined at the time a case is filed.  One exception is the so-called “voluntary-involuntary” rule, which permits removal only when the plaintiff’s voluntary action in state court creates federal jurisdiction.  The textbook example is the voluntary dismissal of a non-diverse … Continue Reading

5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal

After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. The previous version of 28 U.S.C. § 1442 authorized removal to federal court of a suit against a federal officer “only when the state suit was ‘for any act under color of such … Continue Reading
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