Khue Nguyen v. Hai Phu Nguyen, as Administrator of the Estate of Thin Thi Ta, et al.

1 INTRODUCTORY STATEMENT In 2018, plaintiff sues four defendants who are heirs of plaintiffs business partner in Vietnam. Defendant Ngo Thi Ngoan seized partnership properties in November 2012. Other defendants, Thao Xuan Ta, Thin Thi Ta and Hai Phu Nguyen in Texas, were not aware and did not participate in the seizure. Thin died in 2011 in Texas. Remaining parties participated in a government-led ADR mediation in Vietnam (2013-2017) and Ngoan, Hai and Thao refused to settle in mediation. The Fifth Circuit upheld the district court’s summary judgment, ruling claims accrued at time of defendant’s refusal in mediation in 2013 despite Thin’s death in 2011 and despite unresolved claims against Thin by either courts. QUESTIONS PRESENTED Whether an appellate court can take the act of refusal to settlement at mediation out of the mediation context to strip off the immunity from liability afforded by law to such refusal in order to create an ad hoc liability for purpose of summary judgment affirmance. Whether an act of refusal to settle by one party at mediation, without more, can give rise to breach of contract and other tort claims against that refusing party accrued from the time of refusal; and if it can, whether failure by district court to resolve all claims and all parties stripped the appellate court the authority or jurisdiction to hear the appeal pursuant to 28 U.S.C. §1291 (non-final judgment).