Andrew Smith v. Mylan Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that if the district court had the power to 26 remand sua sponte under 1447(c), section 1447(d) applies and there would be “no 27 jurisdiction to review even if the remand was erroneous”
• holding that if the district court had 5 ||the power to remand sua sponte under section 1447(c), section 1447(d) applies and there 6 || would be “no jurisdiction to review even if the remand was erroneous”’
• “[T]he court may remand for defects other than lack of subject matter jurisdiction only upon a timely motion to remand.”
• “[T]he court may remand for defects other than lack of subject matter jurisdiction only upon a timely motion to remand.”
• “[Section] 14 1447(d) does not preclude review if the district court lacked authority to remand under 15 § 1447(c) in the first instance.”
• “[T]he time limit [for removal] is mandatory and a timely objection to a late petition will 14 defeat removal.”

Source: CourtListener parenthetical corpus (CC0).