Wednesday, November 28, 2007

Federal Circuit Determines that Remand of Removed Case Based on a District Court's Rejection of Supplemental Jurisdiction Is not Reviewable

Per U.S. Law Week Volume 76 Number 20, Tuesday, November 27, 2007:

An order remanding a removed case in which the district court declined to exercise supplemental jurisdiction over state claims is not reviewable in federal appeals court, the U.S. Court of Appeals for the Federal Circuit held Nov. 13 (HIF Bio Inc. v. Yung Shin Pharmaceuticals Industrial Co., Fed. Cir., No. 2006-1522, 11/13/07).

Opening up a circuit split, Judge Arthur J. Gajarsa said that recent U.S. Supreme Court pronouncements on remands undercut other circuits' view that remands based on supplemental jurisdiction are distinguishable from those based on lack of subject matter jurisdiction and therefore fall outside the jurisdictional bar of 28 U.S.C. ยง 1447(d).

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