United States Fourth Circuit

In a product liability suit, order remanding action to state court is reversed where: 1) district court's remand order relied on procedural defect rather than lack of subject matter jurisdiction and does not fall within the scope of orders that are deemed unreviewable under 28 U.S.C. section 1447(d); and 2) on the merits, the district court lacked authority to remand an order based on procedural defects in removal and, in any event, defendant filed a notice of removal that satisfied pleading requirements.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward Kriegsmann Pritchard, III, Pritchard & Elliott, L.L.C., Charleston, South Carolina, for Appellant.  W. Grady Jordan, Olson, Smith, Jordan & Cox, Easley, South Carolina, for Appellee.   ON BRIEF:  Thomas B. Pritchard, Pritchard & Elliott, L.L.C., Charleston, South Carolina, for Appellant.  William Ashley Jordan, Greenville, South Carolina, for Appellee.