Wednesday, October 15, 2008

SCOTUS Grants Cert. in Case Involving Interpretation of Statute Barring Appellate Review of Remand Decisions

U.S. Law Week's Supreme Court Today is reporting that the Supreme Court has granted certiorari in HIF Bio Inc. v. Yung Shin Pharmaceuticals Industrial Co., Fed. Cir., 508 F.3d 659, 76 U.S.L.W. 1308, a civil procedure case:

Summary of Ruling Below: District court's discretionary decision, under 28 U.S.C. § 1367(c), to remand case to state court after declining to exercise supplemental jurisdiction over state law causes of action necessarily involves predicate finding that claims at issue lack independent basis of subject matter jurisdiction, is therefore within class of remands described in 28 U.S.C. § 1447(c), which bars review of remand orders based either on lack of subject matter jurisdiction or on any defect other than lack of subject matter jurisdiction, and is thus barred from appellate review by 28 U.S.C. § 1447(d).

Question(s) Presented: Is district court order remanding case to state court following discretionary decision to decline to exercise supplemental jurisdiction accorded to federal courts under 28 U.S.C. § 1367(c) properly held to be remand for "lack of subject matter jurisdiction" under 28 U.S.C. § 1447(c) so that such remand order is barred from any appellate review by 28 U.S.C. § 1447(d)?


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