Civil Procedure

The cases discussed in this Article represent the most noteworthy procedural cases decided by the Fifth Circuit from June 1, 1991, through May 30, 1992. As is always the case in Survey Articles, the cases discussed represent action by the court on a wide variety of procedural issues. Unlike recent years, during this period the court did not decide many significant cases dealing with sanctions. Instead, the court struggled with jurisdictional issues, including removal jurisdiction and traps present in the interplay between the Federal Rules of Appellate Procedure and the Federal Rules of Civil Procedure. The court also clarified the application of existing precedent in other areas.