The US Supreme Court wrestled with whether an appeals court properly vacated a judgment in a baby food product liability case on grounds that the federal trial court that issued it lacked jurisdiction.
Some of the justices at argument on Tuesday appeared open to allowing the ruling by the US Court of Appeals for the Fifth Circuit to stand. They reasoned that a plaintiff is owed the right to choose the forum to sue, which in this instance was state court in Texas.
“It’s an overarching principle of how litigation should work,” Justice Elena Kagan said.
The underlying issue stems ...