Chan Healthcare Group v. Liberty Mutual Fire Insurance

In these consolidated appeals, the court addressed an issue of first impression regarding the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction. Although remand orders are not appealable as a matter of course, as part of the Class Action Fairness Act of 2005 (CAFA), Congress created an exception under 28 U.S.C. 1453(c)(1) that permits courts of appeals to accept appeals from remand orders in cases that are removed “under this section.” The court joined its sister circuits and concluded that this interlocutory review provision is limited to orders granting or denying remand of diversity class actions brought and removed under CAFA. The court dismissed the petition for permission to appeal, vacated the order granting fees, and remanded. View "Chan Healthcare Group v. Liberty Mutual Fire Insurance" on Justia Law