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· 7/6/2007

Price v. J & H Marsh & McLennan, Inc.

Citations

  • 493 F.3d 55
  • 2007 U.S. App. LEXIS 16024
  • 2007 WL 1950508

How courts have described this case

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

  • stating Supreme Court in Powerex “rejected the post-removal-event doctrine (although the Court did not call the doctrine by that name)”
  • “Because [the party] was joined as a plaintiff, not as a defendant, section 1447(e) does not apply in this case.”
  • “When Congress amended section 1447(c), it also created section 1447(e), permitting remand after post-removal joinder of a nondiverse defendant . . . .”
  • “[S]ection 1447(d) prohibits appellate review when a district court remands based on (1) a defect other than lack of subject matter jurisdiction presented in a timely remand motion or (2
  • “Regardless of whether the subject matter jurisdiction determination was correct on the merits . . . the District Court’s characterization of its remand order as being based on a lack of subject matter jurisdiction was certainly ‘colorable.’”
  • “[An] abstention-based remand order [is] reviewable by court[s] of appeals.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Miner, Katzmann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.