St. Paul Fire & Marine Insurance v. Vedatech International, Inc.

Good Law
245 F. App'x 588
United States Court of Appeals for the Ninth CircuitJuly 19, 2007Nos. 05-16255, 05-16261, 05-16405California1,492 words

Opinion

Lead Opinion

MEMORANDUM **

This is a consolidated appeal that began as a state court insurance coverage action that was twice removed to federal court. Vedatech International Inc., Vedatech Inc., Vedatech K.K. and pro se defendant Mani Subramanian (collectively “Appellants”) appeal the district court’s remand orders, its order granting attorneys’ fees to St. Paul Fire & Marine Insurance Company (“St.Paul”), its order sanctioning Appellants’ attorney and Subramanian, and its dismissal of Appellants’ claims that arose from a mediation among the parties. We affirm.

1. Standard of Review for Remand Orders

Appellants argue that the Ninth Circuit should employ a good faith analysis when reviewing remand orders. See, e.g., Archuleta v. Lacuesta, 131 F.3d 1359, 1362 (10th Cir.1997). However, the Supreme Court has held that “remands based on grounds specified in § 1447(c) are immune from review.” Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 712 , 116 S.Ct. 1712 , 135 L.Ed.2d 1 (1996). The district court remanded because no federal question existed, which is a ground enumerated in § 1447(c). Therefore, Appellants’ argument is without merit.

2. Attorneys’ Fees

The district court has discretion to…

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