Federal Judiciary

An order remanding a removed case in which the district court declined to exercise supplemental jurisdiction over state claims is not reviewable in federal appeals court, the U.S. Court of Appeals for the Federal Circuit held Nov. 13 (HIF Bio Inc. v. Yung Shin Pharmaceuticals Industrial Co., Fed. Cir., No. 2006-1522, 11/13/07).

Opening up a circuit split, Judge Arthur J. Gajarsa said that recent U.S. Supreme Court pronouncements on remands undercut other circuits' view that remands based on supplemental jurisdiction are distinguishable from those based on lack of subject matter jurisdiction and therefore fall outside the jurisdictional bar of 28 U.S.C. § 1447(d).

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Full post as published by Split Circuits on November 28, 2007 (boomark / email).