David E. Tillman v. Csx Transportation, Inc. & Marler L. Bennett

JOHN R. BROWN, Circuit Judge:

This case requires us to determine whether the trial court abused its discretion in allowing the addition of a party that it determined would destroy its jurisdiction and then remanding the case back to state court. Reaching the most crucial conclusion first, we hold that by remand to state court, this case lies irretrievably in state court, despite, as the basis for remand, the trial court’s mistaken belief that it no longer had jurisdiction. The trial court brought its remand order within the absolute immunity from review of 28 U.S.C. § 1447(c) by expressly…