No. 20-1144

Bayer HealthCare Pharmaceuticals Inc., et al. v. Curtis Ulleseit, et al.

Lower Court: Ninth Circuit
Docketed: 2021-02-22
Status: GVR
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appellate-jurisdiction civil-procedure civil-rights-removal court-of-appeals federal-officer-removal remand remand-order removal statutory-interpretation
Key Terms:
Jurisdiction
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court's order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443

Question Presented (OCR Extract)

QUESTION PRESENTED Under 28 U.S.C. 1447(d), courts of appeals generally may not review orders remanding removed cases to state court. But Section 1447(d) also states that an “order remanding a case * * * removed pursuant to” 28 U.S.C. 1442, the federal-officer removal statute, or 28 U.S.C. 1448, the civil-rights removal statute, “shall be reviewable by appeal or otherwise.” Some courts read Section 1447(d) to create appellate jurisdiction over all issues in a district court’s remand order when the removing party included the federal-officer or civil-rights removal statutes among its bases for removal. Other courts, such as the Ninth Circuit, hold that appellate jurisdiction exists only to decide whether removal was proper under the federal-officer or civil-rights statutes. The question presented is identical to the question presented in BP p.l.c. v. Mayor & City Council of Baltimore, No. 19-1189 (argued Jan. 19, 2021): Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court where the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.

Docket Entries

2021-11-05
JUDGMENT ISSUED.
2021-10-04
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>BP p.l.c.</i> v. <i>Mayor and City Council of Baltimore</i>, 593 U. S. ___ (2021).
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Reply of petitioners Bayer HealthCare Pharmaceuticals Inc., et al. filed. (Distributed)
2021-07-12
Response to the petition for a writ of certiorari filed.
2021-05-07
Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
2021-05-06
Motion to extend the time to file a response from May 13, 2021 to July 12, 2021, submitted to The Clerk.
2021-04-13
Response Requested. (Due May 13, 2021)
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-09
Waiver of right of respondent Curtis Ulleseit, et al. to respond filed.
2021-02-12
Petition for a writ of certiorari filed. (Response due March 24, 2021)

Attorneys

Bayer HealthCare Pharmaceuticals Inc., et al.
Jennifer Laura GreenblattGoldman Ismail Tomaselli Brennan and Baum LLP, Petitioner
Curtis Ulleseit, et al.
Curtis Brooks CutterCutter Law PC, Respondent