Legal Opinion · Dissent

Kakarala v. Wells Fargo Bank, N. A.

Supreme Court of the United States

Decided April 4, 2016No. 15-712Relating-toCited by 1 opinion

1DissentJustice Thomas

The question presented by this petition is whether the Court should overrule Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336 , 96 S.Ct. 584 , 46 L.Ed.2d 542 (1976). Thermtron adopted an atextual reading of 28 U.S.C. § 1447 (d), the federal law governing review of orders remanding a case from federal to state courts. Because I remain of the view that Thermtron was wrongly decided, I respectfully dissent from the denial of certiorari.

Congress has unambiguously deprived federal courts of jurisdiction to review an order remanding a case from federal to state court: "An order remanding a…

2Cases cited7 opinions

  1. Hertz Corp. v. FriendSupreme Court of the United States · 2010
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Carlsbad Technology, Inc. v. HIF Bio, Inc.Supreme Court of the United States · 2009
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Osborn v. HaleySupreme Court of the United States · 2007

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3Cited by1 opinion

  1. Charles Hunter v. City of Montgomery, AlabamaCourt of Appeals for the Eleventh Circuit · 2017

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