Opinion · Court of Appeals for the Third Circuit

Black & Decker (u.s.), Inc. And Home Insurance Company v. Honorable Garrett E. Brown, Jr., United States District Judge, Nominal and Guy Bussell

817 F.2d 13

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1987-05-26
Topic
litigation

OPINION OF THE COURT STAPLETON, Circuit Judge. Subsection (c) of Section 1447 of the Removal Statute provides that if “at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case____” 28 U.S.C. § 1447(c). Subsection (d) provides that, with one exception not here relevant, an “order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” 28 U.S.C. § 1447(d). The Supreme Court has held that the inclusion of the phrase “or otherwise” precludes review of a remand order in a proceeding like the instant one that is originated by a petition for an extraordinary writ. Gravitt v.

Citator

UpLaw has not yet analyzed Black & Decker (u.s.), Inc. And Home Insurance Company v. Honorable Garrett E. Brown, Jr., United States District Judge, Nominal and Guy Bussell. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions