Legal Opinion
John Priester, Jr. v. JP Morgan Chase Bank
Court of Appeals for the Fifth Circuit
Decided June 26, 2019No. 18-40127UnpublishedCited by 14 opinions
1Opinion of the Court
GREGG COSTA, Circuit Judge:
Erie guesses are just that-guesses. Hopefully we get them right, but sometimes we get them wrong. When our prediction about what a state supreme court would do turns out to be wrong years after the federal litigation ends, can the losing litigant reopen the federal case? This appeal poses that question.
John and Bettie Priester were on the losing end of what turned out to be an incorrect Erie guess. Back in 2013, we affirmed the dismissal of the Priesters' case, holding that a four-year statute of limitations barred their attempt to avoid a home-equity lien under…
2Cases cited9 opinions
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack RibackCourt of Appeals for the Fifth Circuit · 1981
- Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Myron Batts v. Tow-Motor Forklift Company and Caterpillar, Inc., Caterpillar, Inc.Court of Appeals for the Fifth Circuit · 1995
- Wood v. HSBC Bank USA, N.A.Texas Supreme Court · 2016
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re: Gary WestcottCourt of Appeals for the Fifth Circuit · 2025
- A.T. v. Dry Creek Joint Elementary School DistrictDistrict Court, E.D. California · 2021
- Bimal Banik v. Angel TamezCourt of Appeals for the Fifth Circuit · 2020
- Caldwell v. Parker UniversityDistrict Court, N.D. Texas · 2019
- Chapa v. Louisiana StateDistrict Court, E.D. Louisiana · 2021
9 more not listed; retrieve them via the Exa API.