Posts Tagged: "Kircher v. Putnam Funds"

AIA Did Not Alter Reviewability Bar of District Court Remand Decisions Under §1447(d)

The district court determined that it lacked subject matter jurisdiction because Preston’s state-law claims did not arise under federal law and Nagel’s patent counterclaims did not present a justiciable case or controversy under Article III because the patent dispute was not imminent. Therefore, the district court remanded the case and Nagel timely appealed… The AIA and its strengthening of federal court jurisdiction over patent claims did nothing to override the rule that a district court decision to remand a case to state court is not appealable under §1447(d).