November 20, 2007
American University Profs Stephen Vladeck and Amanda Frost are organizing a workshop for all junior Federal Courts professors (and aspiring Fed Courts teachers) to be hosted at American University Washington College of Law, on Friday, April 4, 2008. Please see the attached flyer for details and contact information. Download junior_faculty_workshop_flyer.pdf --RR
November 19, 2007
Decision of note: HIF BIO v. Yung Shin Pharmaceuticals
Parting ways with several other Courts of Appeals, the Federal Circuit recently decided that 28 U.S.C. § 1447(d) bars an appeal from a remand order based on declining supplemental jurisdiction under 28 U.S.C. § 1367(c). The Federal Circuit read the recent Powerex decision as undercutting the persuasive force of the contrary Court of Appeals decisions. After contrasting a § 1367(c) decline with abstention, the court summarized its reasoning:
In short, because every § 1367(c) remand necessarily involves a predicate finding that the claims at issue lack an independent basis of subject matter jurisdiction, a remand based on declining supplemental jurisdiction can be colorably characterized as a remand based on lack of subject matter jurisdiction. Accordingly, a remand based on declining supplemental jurisdiction must be considered within the class of remands described in § 1447(c) and thus barred from appellate review by § 1447(d).
It wouldn't be too surprising for the Supreme Court to take this case, given that it has twice noted the issue's unresolved status and that now a circuit split exists. --RR