Originally published by David Coale.
Red Barn Motors sued its lender in a Louisiana district court. That court transferred the case to Indiana based on a forum selection clause. Three months later, the dealer sought mandamus relief from the Fifth Circuit, which denied its request. The Court noted that the case was no longer in the Circuit – meaning that the only possible remedy would be to ask the Indiana court to return the case, which would require a “very extreme case.” “Despite the potential availability” of this limited opportunity for mandamus relief, the Court found that the unexplained three-month delay in seeking review showed a lack of diligence that defeated the petition. In re: Red Barn Motors, Inc., No. 15-30067 (July 20, 2015).
Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.
from Texas Bar Today http://ift.tt/1OvsVDZ
via
Abogado Aly Website
No comments:
Post a Comment