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Davis v. Int'l Union, UAAAIWA

Topic(s): Court Procedure, Federal Jurisdiction, and Appellate Jurisdiction
Citation: 392 F.3d 834 (6th Cir. 2004)
Docket: 05-107



Federal Jurisdiction: Removal & Remand

  1. May an order remanding a removed case to state court be reviewed, notwithstanding the prohibition in 28 U.S.C. Sec. 1447(d),
    • 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?
  2. 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?

Paul Levy of Public Citizen was co-counsel for the petitioner, and the Supreme Court denied cert.

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