Legal Opinion
Doleac v. Michalson
Court of Appeals for the Fifth Circuit
Decided August 27, 2001No. 99-60754PublishedCited by 90 opinions
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
For this appeal, the threshold issue is our jurisdiction vel non to consider the district court’s permitting an amendment joining a party, which resulted in both the destruction of diversity of citizenship and the remand of the action to state court. On the one hand, if we have jurisdiction, we must consider whether allowing the amendment was proper. On the other hand, if jurisdiction is lacking, we must consider the constitutionality of 28 U.S.C. § 1447(d)’s preclusion of our review. (Section 1447(d) bars review of remand orders except in certain civil…
2Cases cited50 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
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3Cited by90 opinions
- Sultan v. MathewTexas Supreme Court · 2005
- In Re: Benjamin Moore & Co., Wholly-Owned Subsidiary of Berkshire Hathaway Inc., Danny Borden, Plaintiffs-RespondentsCourt of Appeals for the Fifth Circuit · 2002
- Martinez v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2002
- Patricia Heaton v. Monogram Credit Card Bank of Georgia v. Federal Deposit Insurance Corporation, Movant-AppellantCourt of Appeals for the Fifth Circuit · 2002
- In Re: B-727 200Court of Appeals for the Fifth Circuit · 2001
85 more not listed; retrieve them via the Exa API.