George Landess v. Baton Rouge Marine Contr ( 2013 )

Case: 13-30287 Document: 00512475178 Page: 1 Date Filed: 12/18/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 18, 2013
13-30287
Lyle W. Cayce
Clerk
LAURIE KILPATRICK; DANTAN LANDESS; ELLEN CHAUVIN; CHERYL
LANDESS, In her capacity as Executor/Administrator of the Estate of George
Landess and as Personal Representative of George Landess; MICHAEL
LANDESS, Surviving children of George Landess,
Plaintiffs – Appellees
v.
DOW CHEMICAL COMPANY,
Defendant – Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:08-CV-00081
Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges.
PER CURIAM:*
The district court did not abuse its discretion by remanding the
remaining state-law claims to state court under 28 U.S.C. § 1367(c)(3) after the
dismissal of all claims over which the court had original jurisdiction. The
district court found that the balance of common law factors of judicial economy,
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 13-30287 Document: 00512475178 Page: 2 Date Filed: 12/18/2013
No. 13-30287
convenience, fairness, and comity weighs in favor of remand. The district
court’s finding is supported by the record in this case.
AFFIRMED.
2