United States Fourth Circuit

District court has judicial authority to remand a removed case to State court after federal claims that formed the basis for removal were either adjudicated or dropped out of the case, notwithstanding the fact that the only plaintiffs left in the suit joined after the removal to federal court.

Appellate Information

• Argued 11/02/2000
• Decided 02/06/2001
• Published 02/06/2001

Judges

• Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Benjamin Rush Smith, III, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for Appellant.  Steven Walker Hamm, Richardson, Plowden, Carpenter & Robinson, Columbia, SC, for Appellees.   ON BRIEF:  William C. Hubbard, John T. Moore, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for Appellant.  Bradford P. Simpson, B. Randall Dong, D. Michael Kelly, Suggs & Kelly Lawyers, P.A., Columbia, SC, for Appellees.