In Re Lloyd's Register North America, Inc.
Court of Appeals for the Fifth Circuit
1Dissent
Circuit Judge,
dissenting:
Mandamus is an “extraordinary remedy” for correcting a “clear abuse of discretion” based on “extraordinary errors” lead*295ing to “a patently erroneous result.” In re Volkswagen of Am., Inc., 545 F.3d 304, 309, 318 (5th Cir.2008) (en banc) (issuing the writ because the district court “disregard[ed] the specific precedents of this Court in In re Volkswagen I ”). Here, in its decision to mandamus the district court, the majority opinion creates two new legal rules about the doctrine of direct benefits estoppel, neither of which was compelled by our precedent. Because I do…
2Cases cited5 opinions
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
- Noble Drilling Services, Inc. v. Certex USA, Inc.Court of Appeals for the Fifth Circuit · 2010
- Hellenic Investment Fund, Inc. v. Det Norske VeritasCourt of Appeals for the Fifth Circuit · 2006
- Otto Candies, L.L.C. v. Nippon Kaiji Kyokai CorporationCourt of Appeals for the Fifth Circuit · 2003
- Petrobras America, Inc. v. Vicinay Cadenas, S.A.District Court, S.D. Texas · 2013