Kunzi v. Pan American World Airways, Inc.

Summary

The Ninth Circuit held that a district court's remand order based on a determination that removal was improvident and without jurisdiction under 28 U.S.C. § 1447(c) was not reviewable on appeal or by mandamus under § 1447(d). The court concluded that the district court had remanded the entire action based on its perceived lack of jurisdiction over claims involving the Kuhl defendants. The appeal was dismissed.

Holdings

1. The district court's remand order was issued pursuant to § 1447(c) because the court determined that removal was improper and that it lacked subject matter jurisdiction over the entire case.
2. A remand order issued pursuant to § 1447(c) and based on the grounds specified in that statute is not reviewable on appeal or by mandamus, even if the district court's jurisdictional analysis was erroneous.
3. The Ninth Circuit's decisions involving federal jurisdiction over at least one claim in a multi-claim complaint did not make this remand order reviewable because the district court did not find that it had original jurisdiction over any claim.

Questions Presented

1. Whether the district court's remand order was based on 28 U.S.C. § 1447(c) and therefore unreviewable under § 1447(d).
2. Whether the Ninth Circuit could review the remand order by appeal or mandamus because the district court allegedly applied erroneous substantive or jurisdictional legal principles.
3. Whether Ninth Circuit decisions recognizing removal jurisdiction over at least one claim in a multi-claim complaint required review of the remand order.

Disposition

dismissed