United States Fifth Circuit

In an action brought by the estates of deceased illegal immigrants arising from the immigrants' deaths while stowed in a grain hopper railroad car in an attempt to pass a border checkpoint, an order finding that certain non-diverse defendants were improperly joined and denying plaintiffs' remand motion is reversed where the application of the Texas unlawful acts rule to plaintiffs' claims was too uncertain to support a finding of improper joinder.

Appellate Information

• Decided 03/07/2007
• Published 03/08/2007

Judges

• PRADO, Circuit Judge:, Before BARKSDALE, DeMOSS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Adrian Rafael Martinez, Roerig, Oliveira & Fisher, McAllen, TX, for Rico and Ortega., Alberto Tover Garcia, III (argued), McAllen, TX, for Plaintiffs-Appellants., Neil Ernest Norquest (argued), Rodriguez, Colvin & Chaney, McAllen, TX, Mitchell C. Chaney, Joseph A. Rodriguez, Robert Patrick Rodriguez, Rodriguez, Colvin & Chaney, Brownsville, TX, for Union Pacific., Tom Lockhart, Adams & Graham, Harlingen, TX, for AT&L R. Co., Inc. and Archer Daniels Midland Co., Todd Lafferty, Watonga, OK, for AT&L R. Co., Inc.