In Schuler v. Adams, No. 21-1613 (6th Cir. Mar. 7, 2022), the Sixth Circuit faces the novel question of whether a preliminary injunction entered in a state-court action before it is removed to federal court can be immediately appealed under 28 U.S.C. § 1292(a)(1). The panel dismisses the appeal, holding that it has “jurisdiction onlyContinue reading “Injunctive Order in State-Court Action Removed to Federal Court Not Immediately Appealable Under 28 U.S.C. § 1292(a)(1), Holds Sixth Circuit”
Tag Archives: Federal Officer Removal
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”
Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection
In Ricci v. Salzmanin, No. 19-3035 (7th Cir. Oct. 1, 2020) (per curiam), a two-judge panel affirms dismissal of a complaint removed to federal court, because the state court where it was originally filed lacked jurisdiction, but also holds henceforth that defendants must raise this defect within 30 days of removal. (This is the firstContinue reading “Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection”
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