Legal Opinion
Laurie Lyons v. Alaska Teamsters Employer Service Corporation Gerald Hood
Court of Appeals for the Ninth Circuit
Decided August 31, 1999No. 98-35116PublishedCited by 26 opinions
1Opinion of the Court
HUG, Chief Judge:
At issue in this appeal is whether 28 U.S.C. § 1447(d), which provides that an order remanding a case to state court for lack of subject matter jurisdiction is unre-viewable on appeal, bars our review of the district court’s remand based on a finding that the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, did not completely preempt the plaintiffs state law claims. We hold that § 1447(d) bars our review and therefore, DISMISS the appeal for lack of jurisdiction.
I. Factual and Procedural Background
Laurie Lyons filed claims in Alaska state…
2Cases cited15 opinions
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984
- The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real PartyCourt of Appeals for the Ninth Circuit · 1985
- Mary Ann Hansen v. Blue Cross of California Ventura County Foundation for Medical CareCourt of Appeals for the Ninth Circuit · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- California Department of Water Resources v. Powerex Corp.Court of Appeals for the Ninth Circuit · 2008
- Kennedy v. LubarCourt of Appeals for the Tenth Circuit · 2001
- Aaron Abada, on Behalf of Himself and All Others Similarly Situated v. Charles Schwab & Co., Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 2002
- Firoozye v. Earthlink NetworkDistrict Court, N.D. California · 2001
- Dahl v. RosenfeldCourt of Appeals for the Ninth Circuit · 2003
21 more not listed; retrieve them via the Exa API.