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