United States Sixth Circuit

In an action seeking damages and declaratory relief in relation to plaintiffs' purchase of membership rights in a golf club, an appeal from an order remanding the case to state court is dismissed for lack of jurisdiction. Sixth Circuit precedent is overruled to the extent the decisions held that a remand for lack of subject matter jurisdiction pursuant to 28 U.S.C. section 1447(c) was reviewable if it was premised on a post-removal amendment to a complaint.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• Before CLAY, SUTTON, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell B. Morgan, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant.  Suzette B. Peyton, Suzette Peyton Law Office, Nashville, Tennessee, for Appellees.   ON BRIEF:  Russell B. Morgan, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellant.   Suzette B. Peyton, Suzette Peyton Law Office, Nashville, Tennessee, Gerard T. Nebel, Nashville, Tennessee, for Appellees.