Wallace v. Hastings

Summary

The Tenth Circuit dismissed an appeal for lack of jurisdiction after a district court remanded six guardianship and trust cases to state court. The court held that the remand orders were unreviewable under 28 U.S.C. §§ 1452(b) and 1447(d), including because the remands were based on equitable grounds and procedural defects in removal.

Holdings

1. A district court order remanding a claim or cause of action on any equitable ground under 28 U.S.C. § 1452(b) is not reviewable by the court of appeals.
2. Section 1447(d) bars appellate review of remand orders based on defects in removal procedure or lack of subject-matter jurisdiction.

Questions Presented

1. Whether the Tenth Circuit had appellate jurisdiction to review district court orders remanding claims removed under the bankruptcy-removal statute.
2. Whether 28 U.S.C. § 1447(d) independently barred appellate review of remand orders based on procedural defects or lack of subject-matter jurisdiction.

Disposition

dismissed