Chan Healthcare Group, PS v. Liberty Mut. Fire Ins. Co.
(United States Ninth Circuit) – In a consolidated appeal presenting an issue of first impression in the circuit, namely the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction, the district court’s judgment is: 1) dismissed as to a petition for permission to appeal the district court’s remand order in a class action case founded on federal question jurisdiction, where the interlocutory review provision set forth in the Class Action Fairness Act, 28 U.S.C. section 1453(c)(1), is limited to orders granting or denying remand of diversity class actions brought and removed under CAFA, and thus, under 28 U.S.C. section 1447(d), the panel lacked jurisdiction to review the district court’s order remanding the case to the state court from which it had been removed; and 2) vacated as to the district court’s order granting attorneys’ fees.View Full Article on FindLaw