U.S. Supreme Court,
Civil Litigation,
Appellate Practice
Oct. 21, 2020
Court to weigh appellate jurisdiction under removal statutes
This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review any issue encompassed in a district court's remand order where the removing defendant premised removal in part on the federal-officer or civil-rights removal statutes.
Generally, a district court's order remanding a removed action to state court for lack of subject-matter jurisdiction is not appealable. Section 1447(d) of Title 28 of the United States Code bars appellate jurisdiction over such remand orders unless the action was removed pursuant to the federal-officer removal statute, 28 U.S.C. Section 1442, or the civil-rights removal statute, 28 U.S.C. Section 1443. This term, in BP P.L.C. v. Mayor & Cit...
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