Shaw

Shaw v. Rutledge

Good Law
60 F. App'x 694
United States Court of Appeals for the Ninth CircuitMarch 25, 2003No. 02-15796; D.C. No. CV-01-04468-SBACalifornia278 words

Opinion

Lead Opinion

MEMORANDUM *

Even though “some evaluation of the merits of the remand order is necessary to review an award of attorney’s fees,” Moore v. Permanente Med. Group, Inc., 981 F.2d 443 , 447 (9th Cir.1992), the remand order *695 itself clearly cannot be appealed, 28 U.S.C. § 1447 (d). Even erroneous remand orders are statutorily immune from appellate review. Kunzi v. Pan Am. World Airways, Inc., 883 F.2d 1291, 1293 (9th Cir.1987).

The necessary consequence of § 1447(d) is that the case proceeds in state court, whether or not the district court’s decision to remand was correct. See 14C Charles Alan Wright et al., Federal Practice and Procedure § 3740, at 514-15 (3d ed.1998) (discussing purpose of § 1447(d) as expediting the case in state court by avoiding protracted litigation of the removal question in federal court). Federal jurisdiction over the remand question ends with the district court’s remand order.

In the present case, Seyfarth Shaw seeks to enjoin the state court’s proceedings after the remand. Seyfarth Shaw is just attempting an end run around § 1447(d). We simply may not review the remand decision by this or any other means. Whether our previous opinion, Rutledge v.…

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