Fifth Circuit: Occidental Chemical Corp. v. Louisiana Public Service

FRCP, Administrative law.

A case stayed indefinitely pending an administrative challenge by a nonparty qualifies for the "out of court" exception to "final order" jurisdiction.

Where the statute in question does not bar the court from staying the action, the primary jurisdiction doctrine may be used to stay an action that is within the scope of a statute that contemplates both judicial and administrative enforcement.

When staying actions pending administrative enforcement actions brought by a non-party, a temporary stay is appropriate, subject to discretionary extensions for good cause.

http://www.ca5.uscourts.gov/opinions/pub/15/15-30100-CV0.pdf