Estate of Van Tran v. Texaco Refining & Marketing, Inc.

How later courts describe this case

• holding that in order to grant a Rule 12(c) motion the court must determine beyond doubt that no facts support the plaintiff’s claim
• holding remand based on a forum selection clause was not within Sec. 1447(c), hence reviewable, and proper
• holding remand based on a forum selection clause was not within § 1447(c), hence reviewable, and proper
• remand based upon forum selection clause is non-statutory and rests upon determination that clause has been violated
• since “not all non-jurisdictional motions for remand are governed by the 30-day time limit,” a motion to remand made 54 days after removal based upon a forum selection clause is not covered by § 1447(c)