United States Fifth Circuit
Certain Underwriters at Lloyd's, London v. Warrantech Corp., 04-11168
In a case arising from the administration of consumer warranties and extended service plans on computers, and related items sold by a national electronics retailer, an appeal from an order remanding the case to state court after its removal as a case that "relates to" an earlier arbitration proceeding is dismissed for lack of jurisdiction, but an order dismissing with prejudice defendant's state law counterclaims is vacated where the district court abused its discretion in exercising supplemental jurisdiction over the claims.
Appellate Information
- Decided 08/17/2006
- Published 08/18/2006
Judges
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Marshall M. Searcy, Jr. (argued), William Nolan Warren, Kelly, Hart & Hallman, Fort Worth, TX, for Joel San Antonio.
- For Appellees:
- Ben Taylor (argued), Walter A. Herring, Oscar Rey Rodriguez, Fulbright & Jaworski, Dallas, TX, for Plaintiff-Appellee., Kent Geoffrey Rutter, Patricia L. Casey, Mark R. Trachtenberg, Haynes & Boone, Houston, TX, Karen S. Precella (argued), Haynes & Boone, Fort Worth, TX, for Defendants-Appellants.