YADAV v. BANK (2021)

This case arises out of Frost Bank's termination of Vinay Yadav and its alleged use of the San Antonio Police Department to remove him from bank premises. Adopting a thorough opinion of the magistrate judge, the district court dismissed Yadav's claims for retaliatory discharge, defamation, RICO, and intentional infliction of emotional distress. The court denied the motion to dismiss his assault claim and remanded that claim to state court as the RICO dismissal meant there was no longer a federal claim in the case. See 28 U.S.C. § 1367(c).

Yadav appeals the dismissal of his claims. Having reviewed the briefs, Yadav's pleadings, and the applicable law, we agree with the court's dismissal of all but the assault claim essentially for the reasons stated in the magistrate judge's opinion. Yadav's brief also discusses the assault claim, but that claim was appropriately sent back to state court. As a result, we have no basis for considering Yadav's arguments relating to the assault claim.

Affirmed.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.