Eighth Circuit Reviews A Post-Removal Remand Order, Notwithstanding 28 U.S.C. § 1447(d)

The Eighth Circuit in Ali v. Ramsdell, 423 F.3d 810 (8th Cir. Sep. 09, 2005), has held that a remand to state court after removal is an appealable final order, notwithstanding 28 U.S.C. § 1447(d)--which holds that a remand order "is not reviewable on appeal or otherwise"--on the ground that the remand was discretionary in the wake of the dismissal of the federal claim on the merits. The court explained that defects that cause the federal court to lack subject matter jurisdiction require remand under 28 U.S.C. § 1447(c), an order that would not be appealable. However, where federal claims are dismissed on the merits post-removal, the district court then has discretion to remand the remaining pendent state law claims. Such discretionary post-removal remand orders are final and appealable.