FOR THE FIFTH CIRCUIT No. 14-20717 FORUM SUBSEA RENTALS, formerly known as DPS Offshore, Incorporated, Plaintiff - Appellee v. TAREK A. ELSHARHAWY; SHELLY L. ELSHARHAWY, also known as Shelly L. Chilman; GLOBALTECH OFFSHORE, Defendants - Appellants
Appeal from the United States District Court
for the Southern District of Texas ON PETITION FOR REHEARING Before PRADO, SOUTHWICK, and GRAVES, Circuit Judges. EDWARD C. PRADO, Circuit Judge: Sometimes, in litigating a case, lawyers ought to put themselves in the shoes of the judges before them. Consider the conversation that naturally flows from Appellants Petition for Panel Rehearing here: Judge 1:
Did you see Appellants petition for rehearing?
Judge 2:
No, what do they say?
Judge 3:
Well, they begin the petition with a strange hypothetical
conversation between a lawyer and client.
Case: 14-20717
Document: 00513398359
Page: 2
Date Filed: 02/26/2016
No. 14-20717 Judge 1:
I cannot imagine why they thought that was a good idea.
Judge 2:
Whats their argument?
Judge 3:
They say that we made a mistake by not expressly
addressing their personal jurisdiction argument.
Judge 2:
Thats silly. It goes without saying that there was personal
jurisdiction here.
Judge 1:
I agree. The company reached out to Appellee in Texas,
traveled to Texas to negotiate the contract, and entered into a contract with a Texas corporation.
Judge 2:
So what do you think we should do about their petition?
Judge 1:
Deny it.
Judge 3:
I agree. Deny.
Judge 2:
Sounds right. * * *
IT IS ORDERED that Appellants Petition for Panel Rehearing is