Pitfall concept 'Gritting My Teeth, I Concur': Judges Conflicted as Lawyer Accused of Theft
"Gritting my teeth, I concur. The removal statutes have shifted over the years, but not enough to erase the stubborn fact that Weaver transformed a remand for waiver-by-participation into a remand for lack of federal jurisdiction," wrote Circuit Judge Stuart K. Duncan
July 29, 2024 at 03:19 PM
3 minute read
What You Need to Know
- The U.S. Fifth Circuit reluctantly dismissed a case where an attorney is accused of stealing clients, arguing the circuit's jurisdiction rule is wrong.
- The bar to jurisdiction is created because the defendant participated in state court proceedings.
- The panel invited the defendant to petition for en banc review to overturn a 44-year-old circuit precedent.
A federal appeals court panel, constrained against its will by a 44-year-old circuit precedent, suggested an attorney sued for allegedly stealing clients from his former firm challenge the circuit's removal rule.
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