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Supreme Court Grants Certiorari to Clarify Appealability of Remand Orders
Authors: Michael P. Shea
Publisher: Day Pitney Alert
10/16/2008
In a move that may significantly impact defendants' ability to appeal orders remanding removed cases to state court, the Supreme Court will decide whether a Court of Appeals has jurisdiction to review an order remanding a case in which the District Court has declined to exercise supplemental jurisdiction. Most Courts of Appeals have held that they have jurisdiction to review a remand order under such circumstances. In HIF Bio, Inc. v. Yung Shin Pharm. Indus. Co., 508 F.3d 659 (Fed. Cir. 2007), however, the Federal Circuit reached the opposite conclusion, declining to follow the reasoning of its sister Circuits. Dismissing the defendant's appeal, the HIF Bio court found that the District Court's remand order, which was based on its decision to decline supplemental jurisdiction in a removed case after dismissing the only federal claim in the complaint under Federal Rule of Civil Procedure 12(b)(6), was unreviewable. On October 14, 2008, the Supreme Court granted certiorari in HIF Bio to resolve the Circuit split and, perhaps, to clarify its own muddy jurisprudence on appellate review of remand orders.
View Appellate Alert
Related Practices: Appellate Practice
Related Professionals: Elizabeth C. Barton, Michael A. Bucci, Victoria Woodin Chavey, David J. Elliott, Daniel L. FitzMaurice, Helen Harris, Richard M. Lorenzo, John C. Maloney, Robert G. Rose, Elizabeth J. Sher, James Sicilian, Allan B. Taylor
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Authors: Michael P. Shea
Publisher: Day Pitney Alert
10/16/2008
In a move that may significantly impact defendants' ability to appeal orders remanding removed cases to state court, the Supreme Court will decide whether a Court of Appeals has jurisdiction to review an order remanding a case in which the District Court has declined to exercise supplemental jurisdiction. Most Courts of Appeals have held that they have jurisdiction to review a remand order under such circumstances. In HIF Bio, Inc. v. Yung Shin Pharm. Indus. Co., 508 F.3d 659 (Fed. Cir. 2007), however, the Federal Circuit reached the opposite conclusion, declining to follow the reasoning of its sister Circuits. Dismissing the defendant's appeal, the HIF Bio court found that the District Court's remand order, which was based on its decision to decline supplemental jurisdiction in a removed case after dismissing the only federal claim in the complaint under Federal Rule of Civil Procedure 12(b)(6), was unreviewable. On October 14, 2008, the Supreme Court granted certiorari in HIF Bio to resolve the Circuit split and, perhaps, to clarify its own muddy jurisprudence on appellate review of remand orders.
View Appellate Alert
Related Practices: Appellate Practice
Related Professionals: Elizabeth C. Barton, Michael A. Bucci, Victoria Woodin Chavey, David J. Elliott, Daniel L. FitzMaurice, Helen Harris, Richard M. Lorenzo, John C. Maloney, Robert G. Rose, Elizabeth J. Sher, James Sicilian, Allan B. Taylor
email to your friend