This case was birthed in Louisiana state court by Barry and Sheryle Bernhard. It was adopted by the Middle District of Louisiana when the defendants, Capital One and Whitney National Bank, removed it on the basis of a federal question. Whitney appeals a split-the-baby decision of the district court, granting summary judgment in Whitney’s favor on the federal claim, yet remanding the state claims. Because we hold that, under the unusual circumstances of this case, the district court lacked federal question jurisdiction, we VACATE the district court’s judgment and REMAND with instructions that the case be remanded to te custody of the state court.
Bernhard v. Whitney Nat’l Bank, No. 07-30464 (5th Cir. Apr. 2, 2008).
You will forgive Blawgletter for speculating that the court delayed issuing the opinion for a day.