Kale Flagg v. Denise Elliot

HAYNES, Circuit Judge,

joined by DENNIS, ELROD and GRAVES, Circuit Judges, concxxxring and dissenting:

Our prior decision in Smallwood v. Illinois Central Railroad Co., 385 F.3d 568 (5th Cir.2004) (en banc), has garnered much confusion and criticism.1 Instead of *141clarity, the majority opinion unnecessarily adds yet , another layer to the already expansive view of Smallwood. Properly applied, the Smallwood test would result in a conclusion that the federal courts lack jurisdiction over this ease. From the majority opinion’s determination that we have jurisdiction, I respectfully dissent. •

Under…