In Re Allstate Insurance Company

The majority opinion expands our power to review remand orders, contrary to the will of Congress in section 1447(c) and of the Supreme Court in Themitron Products. In so doing it fails to abide by controlling precedent of this circuit and creates a split with another circuit. I must respectfully dissent.

I

This circuit reviews remand orders only if the district court “affirmatively states a non-1447(c) ground for remand.” Soley v. First Nat’l Bank of Commerce, 923 F.2d 406, 408 (5th Cir.1991); In re Weaver, 610 F.2d 335, 337 (5th Cir.1980); In re Merrimack Mut. Fire Ins. Co., 587 F.2d 642, 647…