In Stone v. J&M Securities, LLC, No. 21-3422 (8th Cir. Dec. 19, 2022), the Eighth Circuit vacates an amended judgment entered in response to a motion for reconsideration under Fed. R. Civ. P 59(e). The panel holds that the order dismissing the plaintiffs’ state-law claims on the merits, though erroneous, could not be corrected post-judgmentContinue reading “Once District Court Enters Remand Order Under 28 U.S.C. § 1447(c), It Cannot Revisit That Decision Under Fed. R. Civ. P. 59, Holds Eighth Circuit”
Tag Archives: 28 U.S.C. § 1447(d)
On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court
The First Circuit returns to State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. May 24, 2020) – previously discussed on this blog on November 20, 2020 (No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit) – and addresses the unansweredContinue reading “On Remand from U.S. Supreme Court, First Circuit Upholds Original Decision to Remand Massive Fossil-Fuel Case to Rhode Island State Court”
Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)
In Vachon v. Travelers Home & Mar. Ins. Co., No. 20-12765 (11th Cir. Dec. 14, 2021), the Eleventh Circuit held that it lacked appellate jurisdiction over a remand order under 28 U.S.C. § 1447(d), rejecting application of the “matter of substantial law” exception. In a concurring opinion, two judges hold that they would have affirmedContinue reading “Eleventh Circuit Casts Doubt on “Matter of Substantive Law” Exception to Appellate Jurisdictional Bar of 28 U.S.C. § 1447(d)”
Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision
In Grace Ranch, LLC v. BP American Prod. Co., No. 20-30224 (5th Cir. Feb. 26, 2021), the Fifth Circuit – in a case of first impression for that court – decides that, notwithstanding 28 U.S.C. § 1447(d), it has appellate jurisdiction to review a Burford abstention remand to state court. It also dismisses the stateContinue reading “Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision”
Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand
In Razmzan v. United States, No. 19-227 (2d Cir. Jan. 26, 2021), the panel holds that removal of an action from state court under 28 U.S.C. § 1442, for federal officer or agent removal, was supported by the factual allegations and that the district court’s remand order could be reviewed on appeal under 28 U.S.C.Continue reading “Second Circuit Weighs Competing Standards for Federal Officer Removal Under 28 U.S.C. § 1442, Finding Appellate Jurisdiction to Review Remand”
No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit
In State of Rhode Island v. Shell Oil Prods. Co., LLC, No. 19-1818 (1st Cir. Oct. 29, 2020), the First Circuit joins the majority of circuits in holding that the appeal of a federal-officer removal argument under 28 U.S.C. § 1447(d) does not expose the entire remand order to appellate review. (This issue is nowContinue reading “No Appellate Jurisdiction Over Remand Order Under 28 U.S.C. § 1447(d) Except on Federal-Officer Ground, Holds First Circuit”
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