Rico v. Flores

For this 28 U.S.C. § 1292(b) interlocutory appeal from a remand-denial because of improper joinder, I concur in part TV.A of the majority opinion (holding the absence of consent by in-state defendants Flores and Trevino did not render Union Pacific’s removal invalid). In parts IV.B and C, the majority does not decide: whether the failure of the in-state defendants to plead the unlawful-acts rule bars Union Pacific from relying on it; and whether the unlawful-acts rule is preempted by Tex. Civ. PRAC. & Rem.Code § 93.001(a)(1). Although I would answer *245both questions in the negative, my dissent…