Deferral to Agency Determination Is Not Warranted Where Plaintiff Risked Indefinite Delay to Resolution of Complaint: Fifth Circuit | Practical Law
In Occidental Chem. Corp. v. Louisiana Public Svc. Comm'n, et al, the US Court of Appeals for the Fifth Circuit vacated a lower court's order staying litigation pending an agency ruing on plaintiff's administrative complaint. The appellate court found that it had jurisdiction of the appeal as a final decision of the district court because the agency's indefinite delay of action effectively put the plaintiff out of court. The court further held that even though the primary jurisdiction doctrine was applicable, the district court's indefinite stay should be vacated to allow a more equitable remedy on remand.