Fifth Circuit Reverses Precedent on Waiver-Based Remand Orders

The Fifth Circuit Court of Appeals reversed its own 45-year-old precedent on Friday, ruling that federal courts can review remand orders based on a defendant’s waiver of removal rights through participation in state court proceedings.

In a unanimous en banc decision, the court overturned its 1980 ruling In re Weaver, which held that such waiver-based remands were unreviewable on appeal. For former associate Edward Festeryga, accused by law firm Abraham Watkins of taking client files, the ruling means his appeal of the remand order can now be heard by the Fifth Circuit rather than being dismissed outright.

The case ...