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The Scent Of Subject Matter Jurisdiction: Remand And Appellate Review Under The Supplemental Jurisdiction Statute, Deborah J. Challener
The Scent Of Subject Matter Jurisdiction: Remand And Appellate Review Under The Supplemental Jurisdiction Statute, Deborah J. Challener
Deborah J Challener
Abstract
Under 28 U.S.C. § 1447(c) and (d), as well as Supreme Court precedent, remand orders in removed cases are immune from appellate review when they are based on a lack of subject matter jurisdiction. Until recently, all appellate courts that had addressed the issue had concluded that the remand of supplemental claims under 28 U.S.C. § 1367(c), the supplemental jurisdiction statute, does not constitute a remand for lack of subject matter jurisdiction and therefore is reviewable on appeal.
In 2007, however, the Supreme Court held in Powerex Corp. v. Reliant Energy Services, Inc. that as long as a remand …