United States Supreme Court

When a district court remands a properly removed case because it nonetheless lacks subject-matter jurisdiction, the remand is covered by 28 U.S.C. section 1447(c), and is thus shielded from review by section 1447(d). Further, when a district court relies upon a ground that is colorably characterized as subject-matter jurisdiction, 1447(d)'s bar on appellate review applies. In an appeal arising from suits brought in California state courts against various companies in the California energy market, alleging that they had conspired to fix prices in violation of California law, a court of appeals judgment finding inter alia that it was not precluded from reviewing substantive issues of law that preceded a remand order is vacated in part, as section 1447(d) barred appellate consideration of petitioner's claim that it is a foreign state for purposes of the Foreign Sovereign Immunities Act (FSIA).

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

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Court

• United States Supreme Court

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