Stefanou v. North River Insurance

How later courts describe this case

• noting that if an order of remand is "not a mandatory remand under Sec. 1447(c), it enjoys no immunity from review"
• noting that if an order of remand is “not a mandatory remand under § 1447(e), it enjoys no immunity from review”
• federal law provides the substantive standard for reviewing the grant or denial of a new trial in a diversity case
• purchaser of mobile home pursuant to an unwritten agreement found to have an insurable interest, in the mobile home
• once basis for removal jurisdiction is dropped from the proceedings, federal court has discretion to remand the action to the state court from which it came
• reasonable minds could not differ that there was no bad faith
• “[t]he decision of a trial court to grant or deny a motion for a new trial will only be overturned on appeal upon a showing of a ‘clear abuse of discretion,’ ” quoting Trujillo v. Goodman, 825 F.2d 1453, 1461 (10th Cir.1987)
• RLA does not have complete preemptive power