Suit Against Lawyer by Former Firm Headed Back to State Court

July 26, 2024, 7:42 PM UTC

In a law firm’s suit against a former associate, the Fifth Circuit lacked jurisdiction to review a district court’s remand of the case, originally brought in state court.

Abraham Watkins Nichols Agosto Aziz & Stogner accused its former associate Edward Festeryga of trying to take client and firm files with him to a new firm and sued him in Texas state court for conversion, breach of fiduciary duty, and tortious interference with contract. Festeryga moved to dismiss the suit under Texas’s anti-SLAPP statute, and its Citizens Participation Act.

The parties agreed on a protective order, and Festeryga agreed to give ...

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