Legal Opinion
DaWalt v. Purdue Pharma, L.P.
Court of Appeals for the Sixth Circuit
Decided February 7, 2005No. 03-6441PublishedCited by 12 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
At issue in this appeal is Congress’s deceptively simple prohibition on our review of district court remand orders, see 28 U.S.C. § 1447(d), and the voluminous body of case law it has spawned. Because we interpret the district court’s opinion in this case as a remand for lack of subject matter jurisdiction and not as a discretionary remand of pendent state-law claims, we conclude that § 1447(d) bars review of the remand order. That the district court based its remand on a post-removal state-court decision and on post-removal briefing does not, contrary to the…
2Cases cited32 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
- Swint v. Chambers County CommissionSupreme Court of the United States · 1995
27 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Saginaw Housing Commission v. Bannum, Inc.Court of Appeals for the Sixth Circuit · 2009
- Blackburn v. Oaktree Capital Management, LLCCourt of Appeals for the Sixth Circuit · 2008
- Reddam v. KPMG LLPCourt of Appeals for the Ninth Circuit · 2006
- Price v. J & H Marsh & McLennan, Inc.Court of Appeals for the Second Circuit · 2007
- J. Lewis Cooper Co. v. Diageo North America, Inc.District Court, E.D. Michigan · 2005
7 more not listed; retrieve them via the Exa API.