5th Cir. removes Wingate from case for ruling delays

The Clarion Ledger is reporting that the Fifth Circuit has removed Judge Wingate from a lawsuit in which Jim Hood sued Entergy.  The suit was filed eight years ago.

“Hood filed the lawsuit in December 2008, claiming the New Orleans-based utility and its subsidiaries illegally manipulated the purchase and the sale of electricity to maximize profits.”

The 5th Circuit said in the Hood v. Entergy case: “The recent ruling denying the motion for judgment on the pleadings did not moot the petition, which seeks the reassignment based upon the district court’s repeated failure or refusal to rule on pending motions in this 8-year-old case that has now given rise to three mandamus petitions focused on delay. The petition cites the failure to timely decide the motion for judgment on the pleading only as a recent example of the repeated delays.”

The Order notes that the case had given rise to three mandamus petitions because of trial court delays in ruling.

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