Legal Opinion
Laura Flam v. Marshall Flam
Court of Appeals for the Ninth Circuit
Decided June 8, 2015No. 12-17285PublishedCited by 106 opinions
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether a magistrate judge is empowered to issue an order remanding a removed case to state court, and whether such an order, once made, may be reviewed by the district court.
I
This case began with a dispute related to the division of pension assets after a divorce. Laura Flam filed suit in Fresno County Superior Court in June 2012, alleging that Dr. Marshall Flam failed to perform certain duties related to her portion of a pension account. The account was held jointly by the two before their divorce but, while Ms. Flam received a separate…
2Cases cited16 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Gomez v. United StatesSupreme Court of the United States · 1989
- Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- Powerex Corp. v. Reliant Energy Services, Inc.Supreme Court of the United States · 2007
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3Cited by106 opinions
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- Pablo Bastidas v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2015
- Tina Davidson v. Georgia Pacific, L. L. C.Court of Appeals for the Fifth Circuit · 2016
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