9th Circ. Ruling Offers Defendants Hope On Remand Appeals

By Mara Cusker Gonzalez, Lincoln Wilson and Cory Ward (April 13, 2021, 4:59 PM EDT) -- Across all different types of litigation, one of the first questions a defendant faces in a new state court action is often the most important: Can it be removed to federal court?

It is no secret that a defendant's statutory right to remove a case that could have been brought in federal court is one of the most powerful procedural tools at its disposal. But this right is limited by Congress' decision to generally prohibit appellate review of remand orders.

The inability to seek appellate review has created uncertainty and inconsistency on important questions of subject matter jurisdiction and how the...

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