United States Fifth Circuit

Where plaintiffs pled on state constitutional grounds in state court pleadings, and removal to federal court was based upon diversity rather than federal question jurisdiction, the plaintiffs cannot raise federal Constitutional issues for the first time in a motion for new trial.

Appellate Information

• Decided 05/07/2001
• Published 05/07/2001

Judges

• JANE A. RESTANI, Judge:, Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard L. Lagarde (argued), Bianchi & Lagard, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Patrick A. Talley, Jr. (argued), Michael Raudon Phillips, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Defendant-Appellee.