Federal Judiciary

En banc review of In re VW II granted by Fifth Circuit

By Michael Smith

The mandamus proceeding in this case, known as In re Volkswagen II,  started over a year ago in this case, and will continue for at least another four months - six months past the underlying case's trial setting, which the Fifth Circuit stayed in order to let the second panel consider this issue.
Today the Fifth Circuit reportedly granted the plaintiff's petition for en banc review of the second panel's order granting mandamus of Judge Ward's order denying defendant VW's motion to transfer this case from Marshall to Dallas.
So the procedural history of this petition is this:  Plaintiff files suit.  Defendant moves to transfer.  Motion denied.  Defendant moves for reconsideration.  Reconsideration denied.  Defendant files petition for writ of mandamus to the Fifth Circuit.  Petition is denied.  Defendant files petition for en banc review of panel's decision.  Petition for en banc review denied but case is set for panel rehearing and oral argument - but before a different panel.  Case is argued seven months ago (plaintiff's side by yours truly).  Panel #2 grants mandamus.  Plaintiff files for en banc review.  Fifth Circuits directs defendant to provide briefing on subject of weight to be afforded plaintiff's choice of forum (and plaintiff responds).  Now the Fifth Circuit grants the en banc petition to review the second panel's decision granting the mandamus, and sets the argument for May.
Now isn't this getting interesting?

Full post as published by Eastern District of Texas Federal Court Practice on February 14, 2008 (boomark / email).