LPCH Partner, David Coale, and Associate, Paulette Miniter, co-author the article “Mandamus in the Fifth Circuit: An Extraordinary Remedy, Except When It Isn’t,” in The Texas Lawbook. They discuss how mandamus petitioners are generally unwelcome in the federal courts of appeal, yet contemporary mandamus practices suggest a gap between the “law in the books” and the “law in action.”

The pair provides a recent example of the court’s opinion in In re JPMorgan Chase & Co.

“The case involved a massive ‘collective action’ brought by current and former employees of the bank under the Fair Labor Standards Act.”

After the court denied certification of the issue for interlocutory appeal, JPMorgan petitioned the Fifth Circuit for a writ of mandamus.

The case represents an instance where the court has effectively granted the extraordinary relief sought by a mandamus petition without a showing that the extraordinary conditions for mandamus were met.

Click to read the full article here.