Legal Opinion

Atlantic National Trust LLC v. Mt. Hawley Insurance

Court of Appeals for the Ninth Circuit

Decided September 2, 2010No. 09-35716PublishedCited by 56 opinions

1Opinion of the Court

OPINION

IKUTA, Circuit Judge:

Today we hold that we lack appellate jurisdiction to review a federal district court order remanding a case to state court based on a ground colorably characterized as a “defect” for purposes of 28 U.S.C. § 1447(c). See 28 U.S.C. § 1447(d); Powerex Corp. v. Reliant Energy Servs., Inc., 551 U.S. 224, 127 S.Ct. 2411, 168 L.Ed.2d 112 (2007).

I

In October 2008, a fire caused over $10 million in damage to buildings and property owned by Lebanon Hardboard, LLC. Atlantic National Trust, LLC (“Atlantic”) had loaned money to Lebanon Hardboard secured by interests in the…

2Cases cited24 opinions

  1. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
  4. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  5. Carlsbad Technology, Inc. v. HIF Bio, Inc.Supreme Court of the United States · 2009

19 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Academy of Country Music v. Continental Casualty CompanyCourt of Appeals for the Ninth Circuit · 2021
  2. Laura Flam v. Marshall FlamCourt of Appeals for the Ninth Circuit · 2015
  3. Rivera v. American General Financial Services, Inc.New Mexico Supreme Court · 2011
  4. County of San Mateo v. Chevron Corp.Court of Appeals for the Ninth Circuit · 2022
  5. Credit Acceptance Corp. v. Robert J. and Billye S. Front, etc.West Virginia Supreme Court · 2013

51 more not listed; retrieve them via the Exa API.

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