The Increasing Use and Importance of Mandamus in the Fifth Circuit

Date

2010

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Grants of mandamus remain relatively rare in the Fifth Circuit and are strictly limited to cases where there has been a clear abuse of discretion by the district court and no adequate relief is available via direct appeal. Uses the following case summaries to make clear that venue disputes involving district courts' denials of convenience-based transfer of venue under 28 U.S.C. ยง 1404(a) have proven to be particularly fertile ground for mandamus petitions in the Fifth Circuit.

Description

Keywords

Growth of Fifth Circuit mandamus decisions, In re Horseshoe Entertainment, In re Volkswagen I, In re Volkswagen II, In re Ford Motor Co., In re Beazley Insurance Co., In re TS Tech USA Corp., In re Hoffmann-La Roche Inc.

Citation

Danny S. Ashby, David Coale, and Christopher D. Kratovil, The Increasing Use and Importance of Mandamus in the Fifth Circuit, 43 Tex. Tech L. Rev. 1049 (2010-2011)