In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in...more
We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case.
As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by...more
We wrote a while back that the Fifth Circuit held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the non-diverse healthcare provider defendants to...more
A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more
10/9/2015
/ Administrative Review Board ,
Appeals ,
Dismissals ,
Diversity Jurisdiction ,
Exhaustion Doctrine ,
Federal Rule 12(b)(6) ,
Improper Joinder ,
Joinder ,
Medical Devices ,
Medical Malpractice ,
Motion to Dismiss ,
Removal ,
State Law Claims ,
State Medical Board