How cited: Auto Parts Manufacturing Mississippi, Inc. v. King Construction of Houston, L.L.C. · Go Syfert

Auto Parts Manufacturing Mississippi, Inc. v. King Construction of Houston, L.L.C. (2015)

green · 111 citation events across 23 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2015 → 2026 · click a year to view the case as of then
201520202026
Quote Authority · 5th Cir. · 2 citations in this opinion
Miss., Inc. v. King Constr. of Hou., L.L.C., 782 F.3d 186 , 193–94 (5th Cir. 2015) (“The district court’s interpleader jurisdiction is determined at the time the interpleader complaint is filed.”); see also id. at 194 (quoting Walker v. Pritzker, 705 F.2d 942 , 944 (7th Cir. 1983), for the proposition that “subsequent events do not divest the court of [interpleader] jurisdiction once properly acquired”). 7 Indeed, before addressing the parties’ cross-motions for summary judg…
“The district court’s interpleader jurisdiction is determined at the time the interpleader complaint is filed.”
Rule Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 196 (5th Cir. 2015) (holding that a district court must consider an agreement to arbitrate as a “threshold question” (internal citation omitted)); Texaco Exploration v. AmClyde Engineered Prods.
holding that a district court must consider an agreement to arbitrate as a “threshold question” (internal citation omitted)
Quote Authority · 1st Cir.
Miss., Inc. v. King Constr. of Houston, L.L.C., 782 F.3d 186, 192 (5th Cir. 2015) ("Because appellants request vacatur of the permanent injunction, there is still a live issue before this court, and the challenge to the district court's injunctive relief is not moot."); cf. Town of Portsmouth v. Lewis, 813 F.3d 54, 58 (1st Cir. 2016) ("[A] case is moot when the court cannot give effectual relief to the potentially prevailing party." (citation omitted)). - 19 - Instead, Ameri…
"Because appellants request vacatur of the permanent injunction, there is still a live issue before this court, and the challenge to the district court's injunctive relief is not moot."
Rule Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015)).
Rule Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015) (citing Bridas S.A.P.I.C. v. Gov’t of Turkmenistan, 345 F.3d 347, 360 (5th Cir. 2003)).
citing Bridas S.A.P.I.C. v. Gov’t of Turkmenistan, 345 F.3d 347, 360 (5th Cir. 2003)
Rule Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015) (citing Bridas S.A.P.I.C. v. Gov’t of Turkmenistan, 345 F.3d 347, 360 (5th Cir. 2003)).
citing Bridas S.A.P.I.C. v. Gov’t of Turkmenistan, 345 F.3d 347, 360 (5th Cir. 2003)
Quote Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 191 (5th Cir. 2015) (“Permanent injunctions survive dismissal of the case; preliminary injunctions do not.”). 9 We therefore vacate the district court’s dismissal of DB’s claims and entry of final judgment. 9 Under the Federal Arbitration Act, a court “shall . . . stay” the proceedings upon finding that any issue is arbitrable. 9 U.S.C. § 3 .
“Permanent injunctions survive dismissal of the case; preliminary injunctions do not.”
Quote Authority · 10th Cir.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186 , 193–94 (5th Cir. 2015) (“The district court’s interpleader jurisdiction is determined at the time the interpleader complaint is filed.”); Leimbach v. Allen, 976 F.2d 912 , 916–17 (4th Cir. 1992) (dismissal before final judgment of stakeholders from interpleader suit under Federal Rule of Civil Procedure 22 did not destroy jurisdiction even though the remaining parties (the claimants) were nondiverse).
“The district court’s interpleader jurisdiction is determined at the time the interpleader complaint is filed.”
green Lumsden v. Lumpkin (2022)
Rule Authority · 5th Cir.
Miss., Inc. v. King Constr. of Houston, L.L.C., 782 F.3d 186, 191 (5th Cir. 2015) (citing Venezia v. Robinson, 16 F.3d 209, 211 (7th Cir. 1994)).1 Accordingly, Lumsden’s interlocutory appeal is DISMISSED in part for lack of jurisdiction and DISMISSED in part as moot. 1 Lumsden appealed the district court’s final judgment under Case No. 21-50272, which remains pending in this circuit and unaffected by this decision.
citing Venezia v. Robinson, 16 F.3d 209, 211 (7th Cir. 1994)
Rule Authority · 4th Cir.
Miss., Inc. v. King Constr. of Hous., LLC, 782 F.3d 186, 194 (5th Cir. 2015) (“Even the mere threat of multiple vexation by future litigation provides sufficient basis for interpleader.
Rule Authority · 5th Cir.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015).
Rule Authority · 5th Cir.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 195 (5th Cir. 2015).
Rule Authority · 3rd Cir.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 194 (5th Cir. 2015) (noting that, in “the first stage of interpleader,” the court only is concerned with whether the jurisdictional requirements have been met – “whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”).
Rule Authority · N.D. Tex. · 4 citations in this opinion
Miss., Inc. v. King Const. of Hous., L.L.C., 782 F.3d 186, 193 (5th Cir. 2015) (cleaned up). 10 Berry v. Banner Life Ins.
cleaned up
Rule Authority · N.D. Tex. · 3 citations in this opinion
Miss., Inc. v. King Constr. of Hous., 782 F.3d 186, 193 (5th Cir. 2015) (“Section 1335 has been uniformly construed to require only ‘minimal diversity,’ that is, diversity of citizenship between two or more claimants, without regard to the circumstance that other rival claimants may be co-citizens.” (cleaned up; quoting State Farm Fire & Cas.
Quote Authority · N.D. Miss. · 2 citations in this opinion
Ed. 2d 488 (1989); King Const. of Houston, L.L.C., 782 F.3d at 197 (“…[S]trong federal policy favoring arbitration applies to the scope of an arbitration agreement…”).
“…[S]trong federal policy favoring arbitration applies to the scope of an arbitration agreement…”
Rule Authority · S.D. Miss. · 2 citations in this opinion
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015) (citing Pers.
citing Pers. Sec. & Safety Sys. Inc. v. Motorola Inc., 297 F.3d 388, 392 (5th Cir. 2002)
Rule Authority · S.D. Tex. · 2 citations in this opinion
Miss., Inc. v. King Const. of Hous., LLC, 782 F.3d 186, 192 (5th Cir. 2015).
Rule Authority · N.D. Miss. · 2 citations in this opinion
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 192 (5th Cir. 2015).
Quote Authority · W.D. Tex. · 2 citations in this opinion
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 192 (5th Cir. 2015) (“A permanent injunction is necessary to give meaning to the plaintiff's discharge and to encourage interpleader actions.”).
“A permanent injunction is necessary to give meaning to the plaintiff's discharge and to encourage interpleader actions.”
Rule Authority · N.D. Tex. · 2 citations in this opinion
Miss., Inc. v. King Constr. of Hous., 782 F.3d 186, 193 (5th Cir. 2015) (“Section 1335 has been uniformly construed to require only ‘minimal diversity,’ that is, diversity of citizenship between two or more claimants, without regard to the circumstance that other rival claimants may be co-citizens.” (cleaned up; quoting State Farm Fire & Cas.
Rule Authority · W.D. Tex. · 2 citations in this opinion
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 193-94 (5th Cir. 2015).
Rule Authority · W.D. La.
There are two types of interpleader: “rule interpleader” under Rule 22 of the Federal Rules of Civil Procedure and “statutory interpleader” under 28 U.S.C. § 1335 . , 782 F.3d 186, 192 (5th Cir. 2015).
Rule Authority · N.D. Miss.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 194 (5th Cir. 2015).
Rule Authority · D. Kan.
Miss., Inc. v. King Constr. of Houston, LLC, 782 F.3d 186, 194 (5th Cir. 2015)).
Rule Authority · W.D. La.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 193 (5th Cir. 2015) (cleaned up)).
cleaned up
Rule Authority · N.D. Miss.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196-97 (5th Cir. 2015) (quoting Pers.
quoting Pers. Sec. & Safety Sys. Inc. v. Motorola Inc., 297 F.3d 388, 392 (5th Cir.2002)
green Truist Bank v. Posey (2025)
Rule Authority · W.D. Tex.
Miss, Inc. v. King Const. of Hous., L.L.C., 782 F.3d 186, 192 (5th Cir. 2015) (cleaned up).
cleaned up
Rule Authority · S.D. Miss.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 196 (5th Cir. 2015) (citing Pers.
citing Pers. Sec. & Safety Sys. Inc. v. Motorola Inc., 297 F.3d 388, 392 (5th Cir. 2002)
Rule Authority · W.D. La.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 191 (5th Cir. 2015). 49 R.
Rule Authority · S.D. Miss.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 196 (5th Cir. 2015)).
Rule Authority · M.D. La.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 192-93 (5th Cir. 2015). 33 Rec.
Rule Authority · W.D. Tex.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 193 (5th Cir. 2015).
Quote Authority · E.D. Pa.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 193 (5th Cir. 2015) (“Tellingly, appellants concede that, at the time of filing—and when Noatex removed the action to federal court—the district court had jurisdiction over the interpleader action because all of § 1335’s requirements were then met.”).
“Tellingly, appellants concede that, at the time of filing—and when Noatex removed the action to federal court—the district court had jurisdiction over the interpleader action because all of § 1335’s requirements were then met.”
Rule Authority · E.D. Tex.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 193 (5th Cir. 2015).2 Primerica has adequately pleaded both requirements here.
Rule Authority · S.D.N.Y.
REISMAN PEIREZ REISMAN & CAPOBIANCO LLP Honorable Nelson Stephen Roman October 28, 2022 Page 3 Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 192 [Sth Cir. 2015]).
Rule Authority · E.D. La.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 196 (5th Cir. 2015).
Quote Authority · N.D. Miss.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 194 (5th Cir. 2015) (“The first stage of interpleader only is concerned with whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”).
“The first stage of interpleader only is concerned with whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”
Quote Authority · S.D. Miss.
The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order. 28 U.S.C. §1292 (b). 2022 WL 822180 , at *1 (5th Ci…
“We have jurisdiction pursuant to 28 U.S.C. § 1292 (a), which grants this court jurisdiction to hear the appeal of an interlocutory order granting an injunction”
Rule Authority · N.D. Tex.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 193 (5th Cir. 2015). - 7 - arising from the Group Policy or Plan Benefits. ° Morris and McKinney shall take nothing herein.
Rule Authority · D.N.J.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 194 (5th Cir. 2015) (noting that, in “the first stage of interpleader,” the court only is concerned with whether the jurisdictional requirements have been met – “whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”).
Rule Authority · W.D. La.
Auto Parts Mfg., Mississippi, Inc. v. King Const. of Houston, LLC 782 F.3d 186, 195 (Sth Cir. 2015).
Rule Authority · W.D. La.
Miss., Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 195 (5th Cir. 2015); see also 7 Charles Alan Wright, Arthur R.
Rule Authority · D.N.J.
Miss., Inc. v. King Constr. of Houston, L.L.C., 782 F.3d 186, 194 (5th Cir. 2015) (noting that, in “the first stage of interpleader,” the court only is concerned with whether the jurisdictional requirements have been met – “whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”).
green Soutullo v. Smith (2021)
Rule Authority · N.D. Miss.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 192 (5th Cir. 2015).
Quote Authority · E.D.N.C.
Miss., Inc. v. King Constr. of Hous., L.L.C., 782 F.3d 186, 192 (Sth Cir. 2015) (“statutory interpleader” under 28 U.S.C. § 1335 and “rule interpleader” under Rule 22 are “two types of interpleader” which “differ in jurisdictional requirements but not in substance”).
“statutory interpleader” under 28 U.S.C. § 1335 and “rule interpleader” under Rule 22 are “two types of interpleader” which “differ in jurisdictional requirements but not in substance”
Rule Authority · D.D.C.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 192 (5th Cir. 2015).
Rule Authority · M.D. La.
Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 192-193 (5th Cir. 2015). 9 Rec.
Rule Authority · D.N.J.
Miss., Inc. v. King Const. of Houston, LLC, 782 F.3d 186, 194 (5th Cir. 2015) (noting that, in “the first stage of interpleader,” the court only is concerned with whether the jurisdictional requirements have been met – “whether multiple claims have been asserted, or may be asserted, against a disinterested stakeholder, not whether those claims have merit.”).
Rule Authority · N.D. Miss.
As stated above, the Fifth Circuit Court of Appeals upheld the validity of the permanent injunction in the published opinion Auto Parts Manufacturing Mississippi Inc. v. King Construction of Houston, L.L.C., 782 F.3d 186, 192 (5th Cir.), cert. denied sub nom.