Here’s today’s issue: 28 U.S.C. Sec. 1447(c) authorizes a federal trial court to remand a case to state court for lack of jurisdiction or procedural defects in the removal process. Section 1447(d) then says that a remand order “is not reviewable on appeal or otherwise.”
Clear enough.
But then the Supreme Court held in Thermtron
Many plaintiffs’ counsel prefer to litigate cases in state court.
(Film at 11!)
Thus, to avoid having product liability cases removed to federal court on the basis of diversity jurisdiction, plaintiffs sometimes include in their complaints medical malpractice claims against treating physicians. The plaintiffs and their treaters are often from the same state, which means