On November 16, 2010, Judge Lindsay issued an opinion in Federal National Mortgage Association v. Elliot (pdf copy of opinion here). The opinion concerned plaintiff’s motion to remand to state court. None of the defendants filed a response. Finding that the Court lacked subject matter jurisdiction, Judge Lindsay remanded the case to state court. In so holding, Judge Lindsay warned:
The court notes that Plaintiff relied heavily on cases from other circuits. Only opinions from the United States Supreme Court and United States Court of Appeals for the Fifth Circuit are binding on this court. Plaintiff is instructed to heed this admonition in future filings, as the court will not consider motions relying on nonbinding precedent.
Federal National Mortgage Association is represented by Selim Taherzadeh, Cara Featherstone, and R Kendall Yow, all of Brice Vander Linden & Wernick P.C.