Last week, the Fifth Circuit entered an order denying YouTube’s petition for a writ of mandamus seeking to compel transfer of our case to the Northern District of California.
This denial followed comprehensive adversarial proceedings. Both sides fully briefed the merits and submitted Rule 28(j) supplemental authorities. Even the State of Texas intervened as amicus curiae, urging denial on the ground that a writ would functionally nullify the venue mandate and anti-waiver provisions that the Texas Legislature enacted in its Chapter 143A— Texas declared these provisions to be “of the highest importance and interest to this state.”
It feels like we’re always being stalked by some state or other. Will be harder to beat the FEDCAD allegations now.
The Fifth Circuit’s temporary stay of the proceedings at our district court has now expired. Stay extinction. Let’s go get an injunction against YouTube.
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