Jim Hood found out the old adage “Be careful what you ask for” applies even to him after U.S. District Judge Henry Wingate denied his motion to remand a lawsuit against Entergy to state court. The Attorney General asked the Fifth Circuit Court of Appeals to order Judge Wingate to rule on the motion. The court did so on August 17 and Judge Wingate said fine, you want a ruling, here’s a ruling. Hope you’re happy after I ruled against you. Should’ve quit while you were ahead, bucko.
The Attorney General filed a suit in Hinds County Chancery Court in 2008 alleging Entergy and several Entergy-related companies in other states overcharged customers. The state claimed the overcharging occurred from 1974 to 2008. Entergy removed the lawsuit to federal court at the end of 2008, claiming diversity jurisdiction. Federal courts are authorized to hear state cases if the claim is over $75,000 and the parties are from different states. Most of the action in the case took place in 2009, including a challenge by Mr. Hood to the removal. Nothing was filed in 2010. Three motions were filed in 2011. The AG filed a request for a status conference about the case on July 20, 2011. The AG then filed his petition for a writ of mandamus with the 5th Circuit. Judge Wingate issued his ruling on August 25, eight days after the granting of the writ of mandamus. A writ of mandamus is a court order directing a public official or lower court to perform a duty.
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