Legal Opinion

Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co.

Court of Appeals for the Ninth Circuit

Decided January 3, 2017No. 16-35210, 16-80019PublishedCited by 27 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge:

This consolidated appeal presents an issue of first impression in our circuit, namely the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction. Remand orders are not appealable as a matter of course. 28 U.S.C. § 1447(d). Nonetheless, as part of the Class Action Fairness Act of 2005 (“CAFA”), Congress created an exception under 28 U.S.C. § 1453(c)(1) that permits courts of appeals to accept appeals from remand orders in cases that are removed “under this section.” Joining our…

2Cases cited16 opinions

  1. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  2. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  3. Strawbridge v. CurtissSupreme Court of the United States · 1806
  4. Nevada v. Bank of America Corp.Court of Appeals for the Ninth Circuit · 2012
  5. Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994

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3Cited by27 opinions

  1. Kristy Douglas v. Xerox Business ServicesCourt of Appeals for the Ninth Circuit · 2017
  2. Gpp, Inc. v. Guardian Protection Products, Inc.Court of Appeals for the Ninth Circuit · 2025
  3. 3139 Mount Whitney Rd. Trust Dated 06/14/2021 v. TonerDistrict Court, S.D. California · 2021
  4. Cecilia Cole v. Raju PatelDistrict Court, C.D. California · 2024
  5. Chen v. Chase Bank USA, N.A.District Court, N.D. California · 2020

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