Supreme Court of the United States · Official docket →
The Hain Celestial Group, Inc., et al. v. Sarah Palmquist, Individually and as Next Friend of E.P., a Minor, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-40197 · judgment May 28, 2024
Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Questions presented
Respondents, citizens of Texas, filed this products-liability suit in state court against Petitioners Hain Celestial Group, Inc., then a citizen of Delaware and New York, and Whole Foods, Inc., a citizen of Texas. Hain removed based on diversity jurisdiction, arguing that Whole Foods should be dismissed as fraudulently joined. The district court agreed, dismissing Whole Foods with prejudice. After two additional years of federalcourt litigation and a two-week jury trial, the district court granted judgment as a matter of law to Hain. On appeal, without ruling on the merits, the Fifth Circuit held that the district court erred in dismissing Whole Foods, vacated the final judgment, and ordered the matter remanded to state court to start from scratch. Relying on Respondents' postremoval amended complaint, the panel held, in conflict with several other courts of appeals, that the district court lacked jurisdiction to enter judgment as to the completely diverse parties before it. The questions presented are:
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Whether a district court's final judgment as to completely diverse parties must be vacated when an appellate court later determines that it erred by dismissing a non-diverse party at the time of removal.
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Whether a plaintiff may defeat diversity jurisdiction after removal by amending the complaint to add factual allegations that state a colorable claim against a nondiverse party when the complaint at the time of removal did not state such a claim
Counsel of record
For petitioner
Sarah Elaine Harrington
Covington & Burling LLP
For respondent
Russell S. Post
Beck Redden LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 6 merits
(4 supporting pet./neither, 2 respondent)
Argument & decision
Argued November 4, 2025 — Sarah E. Harrington · Russell S. Post. Audio and transcript
Decided February 24, 2026. Opinion by Sotomayor.
Proceedings
- Mar 30 2026Judgment Issued.
- Feb 24 2026Judgment is AFFIRMED and case REMANDED. Sotomayor, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
- Nov 04 2025Argued. For petitioners: Sarah E. Harrington, Washington, D. C. For respondents: Russell S. Post, Houston, Tex.
- Sep 30 2025CIRCULATED
- Sep 15 2025Record received from the United States District Court for the Southern District of Texas. The record is electronic and is available on PACER.
- Sep 10 2025Reply of petitioners The Hain Celestial Group, Inc., et al. filed.
- Aug 25 2025Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Aug 20 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Aug 18 2025Brief amicus curiae of American Association for Justice filed.
- Aug 18 2025Brief amici curiae of Civil Procedure Professors filed.
- Aug 12 2025SET FOR ARGUMENT on Tuesday, November 4, 2025.
- Aug 11 2025Brief of respondents Sarah Palmquist, Individually and as Next Friend of E.P., a Minor, et al. filed.
- Jul 07 2025Brief amici curiae of National Association of Manufacturers, et al. filed.
- Jul 07 2025Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
- Jul 07 2025Brief amicus curiae of Washington Legal Foundation filed.
- Jul 02 2025Brief amicus curiae of Atlantic Legal Foundation filed.
- Jun 27 2025Brief of petitioners The Hain Celestial Group, Inc., Whole Foods Market, Inc. filed.
- May 27 2025Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- May 16 2025Motion to dispense with printing the joint appendix filed by petitioner The Hain Celestial Group, Inc., et al.
- May 12 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 27, 2025. The time to file respondents' brief on the merits is extended to and including August 11, 2025.
- May 08 2025Motion for an extension of time to file the briefs on the merits filed.
- Apr 28 2025Petition GRANTED limited to Question 1 presented by the petition.
- Apr 21 2025DISTRIBUTED for Conference of 4/25/2025.
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 25 2025Reply of petitioners The Hain Celestial Group, Inc., et al. filed. (Distributed)
- Mar 12 2025Brief of respondents Sarah Palmquist, et al. in opposition filed.
- Feb 10 2025Brief amici curiae of National Association of Manufacturers, et al. filed.
- Feb 03 2025Brief amicus curiae of Atlantic Legal Foundation filed.
- Jan 30 2025Motion to extend the time to file a response is granted and the time is extended to and including March 12, 2025.
- Jan 29 2025Motion to extend the time to file a response from February 10, 2025 to March 12, 2025, submitted to The Clerk.
- Jan 07 2025Petition for a writ of certiorari filed. (Response due February 10, 2025)
- Nov 26 2024Application (24A519) granted by Justice Alito extending the time to file until January 7, 2025.
- Nov 22 2024Application (24A519) to extend the time to file a petition for a writ of certiorari from December 8, 2024 to January 8, 2025, submitted to Justice Alito.