DOUGLASS v. KAISHA

No. 20-30382 consolidated with No. 20-30379.

2 F.4th 525 (2021)

Stephen DOUGLASS, Individually and as personal representative of the Estate of Shingo Alexander Douglass; Dora Hernandez, Individually and as personal representative of the Estate of Noe Hernandez; Lan Huynh, Individually and as personal representative of the Estate of Ngoc Truong Huynh; Darrold Martin, Individually and as personal representative of the Estate of Xavier Alec Martin; Erin Rehm, Individually and as personal representative of the Estate of Gary Leo Rehm, Jr.; Lloyd Wayne Rigsby, Jr., Individually and as personal representative of the Estate of Dakota Kyle Rigsby; Carmen Sibayan, Individually and as personal representative of the Estate of Carlos Victor Ganzon Sibayan, Plaintiffs-Appellants, v. Nippon Yusen Kabushiki KAISHA, Defendant-Appellee, Jhon Alcide; Richard Allen-Easmon; Dustin Angle; Jesus Arguello; Valerie Arguello, Et al, Plaintiffs-Appellants, v. Nippon Yusen Kabushiki Kaisha, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2021.


Attorney(s) appearing for the Case

Craig Isenberg, Esq. , Laurence D. LeSueur, Jr. , Barrasso, Usdin, Kupperman, Freeman & Sarver, L.L.C., New Orleans, LA, Robert Stephen Peck , Center for Constitutional Litigation, P.C., Washington, DC, Marc Fiedler, Esq. , David M. Schloss , Koonz MeKenney Johnson & DePaolis, L.L.P., Washington, DC, Thomas Schoenbaum , Seattle, WA, for Plaintiffs-Appellants.

Eric John Matheson, Esq. , Thomas M. Canevari, Esq. , Cody Douglas King , Freehill Hogan & Mahar, L.L.P., New York, NY; Robert H. Murphy, Esq. , Peter Bedford Tompkins, Esq. , Murphy, Rogers, Sloss, Gambel & Tompkins, New Orleans, LA, for Defendant-Appellee.

Alan Butler Morrison , George Washington University, School of Law, Washington, DC, for Amicus Curiae Civil Procedure Law Professors.

Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.


A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify...

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