Flagg v. Elliot, No. 14-31169 (5th Cir. 2015)
Annotate this CasePlaintiff's suit stemmed from his allegations of negligence following foot surgery. After the case was removed from state court, the district court dismissed the complaint against the Manufacturing Defendants, and five fictitious insurance companies. Plaintiff appealed. The court concluded that the fact that the medical review panel apparently still has yet to issue its opinion does not negate any “reasonable basis for predicting that plaintiffs might establish liability . . . against the instate defendants.” Therefore, the court concluded that, while the case against the Medical Defendants may be premature, they are not “improperly joined” within the meaning of the case law. The court vacated and remanded to the federal district court to remand the case to state court.
The court issued a subsequent related opinion or order on November 5, 2015.
The court issued a subsequent related opinion or order on March 24, 2016.
The court issued a subsequent related opinion or order on April 26, 2016.
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