Federal Jurisdiction: Removal & Remand
- May an order remanding a removed case to state court be reviewed, notwithstanding the prohibition in 28 U.S.C. Sec. 1447(d),
May a state law claim be removed from state court on grounds of complete preemption absent a determination that Congress created an alternate private right of action and intended to displace the state claims with federal claims of which the district court would have had jurisdiction?
- where the district court expressly states that it is basing its decision to remand on lack of jurisdiction, and not that the remand is based on a ground not specified by section 1447© or by a comparable statute, or
- where the court of appeals hypothesized that the district court had supplemental jurisdiction?
Paul Levy of Public Citizen was co-counsel for the petitioner, and the Supreme Court denied cert.