[Download January 12, 2008 Argument Calendar PDF]
Carlsbad Tech., Inc. v. HIF BIO, Inc.
Civil Procedure, Supplemental Jurisdiction, 28 U.S.C. section 1367
Whether a district court’s order remanding a case to state court following its
discretionary decision to decline to exercise the supplemental jurisdiction accorded
to federal courts under 28 U.S.C. § 1367(c) is properly held to be a remand for a
“lack of subject matter jurisdiction” under 28 U.S.C. § 1447(c) so that such remand
order is barred from any appellate review by 28 U.S.C. § 1447(d).
Glenn W. Rhodes
San Francisco, CA
Theodore S. Allison
Karr & Allison, PC
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