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Remand And Appellate Review When A District Court Declines To Exercise Supplemental Jurisdiction Under 28 U.S.C. § 1367(C): Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii
Remand And Appellate Review When A District Court Declines To Exercise Supplemental Jurisdiction Under 28 U.S.C. § 1367(C): Carlsbad Technology, Inc. V. Hif Bio, Inc., Deborah Challener, John B. Howell Iii
Journal Articles
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 a district court’s discretionary decision to decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) and remand the supplemental claims does not constitute a remand for lack of subject matter jurisdiction and therefore is reviewable on appeal.