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

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”

Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte

In Ruhlen, et al. v. Holiday Haven Homeowners, Inc., No. 21-90022 (11th Cir. Mar 10, 2022), owing to a quirk in the statutory language, a 2-1 panel holds that 28 U.S.C. § 1453(c)(1) – which ordinarily allows a U.S. Court of Appeals to hear an appeal “from an order of a district court granting orContinue reading “Split Eleventh Circuit Panel Holds That 28 U.S.C. § 1453(c)(1) Grants No Appellate Jurisdiction Over Remand to State Court Under CAFA If the District Court Grants It Sua Sponte”