matter-of-substantive-law exception – Paul Mollica's Federal Courts Blog

Eleventh Circuit Holds That There Is No Appellate Jurisdiction Over an Order That Both Denies Arbitration and Remands a Removed Case to State Court, Per 28 U.S.C. § 1447(d)

In Wu v. Liu, No. 24-10397 (11th Cir. Mar. 19, 2025), the Eleventh Circuit has to reconcile 28 U.S.C. § 1447(d), which bars appellate review of a district court remand of a removed case, and 9 U.S.C. § 16(a)(1)(C), which affirmatively grants appellate jurisdiction to review orders denying arbitration. For an order that both deniesContinue reading “Eleventh Circuit Holds That There Is No Appellate Jurisdiction Over an Order That Both Denies Arbitration and Remands a Removed Case to State Court, Per 28 U.S.C. § 1447(d)”