No. 25-327
Express Scripts, Inc., et al. v. California
Tags: appellate-procedure automatic-stay coinbase-precedent federal-officer-removal remand-order statutory-exception
Key Terms:
AdministrativeLaw Arbitration Jurisdiction JusticiabilityDoctri
AdministrativeLaw Arbitration Jurisdiction JusticiabilityDoctri
Latest Conference:
2026-01-09
(distributed 2 times)
Question Presented (AI Summary)
Whether a remand order appealed under 28 U.S.C. § 1447(d) is subject to an automatic stay pending appeal
Question Presented (OCR Extract)
Like the statute at issue in Coinbase, Inc. v. Bielski , 599 U.S. 736 (2023), Section 1447(d) of Title 28 creates a rare statutory exception to the usual rule that parties may not appeal before final judgment. Section 1447(d) permits the immediate appeal of a remand order in a case removed under the federal officer removal statute, 28 U.S.C. § 1442 (a). The question presented is: Whether a remand order appealed under 28 U.S.C. § 1447(d ), like the orders at issue in Coinbase , is subject to an automatic stay pending appeal .
Docket Entries
2026-01-12
Petition DENIED.
2025-12-23
Reply of petitioners Express Scripts, Inc., et al. filed. (Distributed)
2025-12-23
Reply of Express Scripts, Inc., et al. submitted.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Brief of California in opposition submitted.
2025-12-09
Brief of respondent California in opposition filed.
2025-11-18
Motion to extend the time to file a response is granted in part and the time is extended to and including December 9, 2025.
2025-11-17
Reply of California submitted.
2025-11-14
Motion of California for an extension of time submitted.
2025-11-14
Response of Express Scripts, Inc., et al. to motion submitted.
2025-11-14
Motion to extend the time to file a response from December 1, 2025 to January 15, 2026, submitted to The Clerk.
2025-10-30
Response Requested. (Due December 1, 2025)
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-20
Amicus brief of Chamber of Commerce of the United States of America submitted.
2025-10-20
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
2025-10-16
Waiver of right of respondent California to respond filed.
2025-09-26
Response to motion to expedite from respondent California filed.
2025-09-26
Response of California to motion submitted.
2025-09-26
Respondent's Opposition to Motion to Expedite Consideration of Petition for Writ of Certiorari of California submitted.
2025-09-18
Motion to expedite consideration of the petition for writ of certiorari filed by petitioners.
2025-09-18
Motion to expedite consideration of the petition for writ of certiorari filed by petitioner.
2025-09-18
Motion to Expedite Consideration of Petition for Writ of Certiorari of Express Scripts, Inc., et al. submitted.
2025-09-16
Petition for a writ of certiorari filed. (Response due October 20, 2025)
Attorneys
California
Louis M. Bograd — Motley Rice, LLC, Respondent
Louis M. Bograd — Motley Rice, LLC, Respondent
Chamber of Commerce of the United States of America
Benjamin W. Snyder — Paul Hastings LLP, Amicus
Benjamin W. Snyder — Paul Hastings LLP, Amicus
Express Scripts, Inc., et al.
OptumRx, Inc.
Brian David Boone — Alston & Bird LLP, Petitioner
Brian David Boone — Alston & Bird LLP, Petitioner
Matthew Phillip Hooker — Alston & Bird LLP, Petitioner
Matthew Phillip Hooker — Alston & Bird LLP, Petitioner