Published opinions from 2004. The case name opens the case page.
September 10, 2004385 F.3d 568
The en banc court held that improper joinder is not established when the removing defendant’s asserted basis for denying recovery against the in-state defendant would equally defeat the claims against every defendant.
The court granted Volkswagen’s petition for mandamus because the district court abused its discretion in denying transfer under 28 U.S.C. § 1404(a). In evaluating convenience and the interests of justice, the district court had to consider the joined third-party claims, the convenience of the third-party defendants…
April 29, 2004369 F.3d 464
The Fifth Circuit affirmed the district court’s dismissal of Martin K. Eby Construction Company’s breach‑of‑contract and misrepresentation claims against Dallas Area Rapid Transit.
The court affirmed summary judgment for the defendants and the denial of the Irvins’ Rule 59(e) motion. It held that the district court acted within its discretion in refusing reconsideration because the Irvins had not presented available evidence in opposition to summary judgment, and that the summary-judgment ruling…