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Civil Procedure — remand

By: WISCONSIN LAW JOURNAL STAFF//July 28, 2014//

Civil Procedure — remand

By: WISCONSIN LAW JOURNAL STAFF//July 28, 2014//

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U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure — remand

An order remanding a case to state court makes all prior orders ripe for appellate review.

“Because the remand order constitutes a final order for purposes of section 1291, it also renders the court’s prior, interlocutory orders ripe for review. See City of Waco, Tex. v. U.S. Fid. & Guar. Co., 293 U.S. 140, 143, 55 S. Ct. 6, 7 (1934) (appeals court had jurisdiction to review dismissal order that ‘in logic and fact’ preceded remand order, even if remand order itself was not subject to appellate review); Good v. Voest- Alpine Indus., Inc., 398 F.3d 918, 922 (7th Cir. 2005) (“A number of courts, including this court, have relied on Waco as a basis for reviewing district court decisions that ‘in logic and in fact’ preceded remand orders.”) (citing J. O. v. Alton Cmty. Unit Sch. Dist. 11, 909 F.2d 267, 269–71 (7th Cir. 1990)); Hyde Park Co. v. Santa Fe City Council, 226 F.3d 1207, 1209 n.1 (10th Cir. 2000) (‘Federal appeals courts have consistently held … that they have jurisdiction to review a district court order dismissing federal claims on the merits where the district court subsequently exercised its discretion under § 1367 to remand supplemental state law claims to state court.’) (collecting cases); see also, e.g., Haase v. Countrywide Home Loans, Inc., 748 F.3d 624, 628–29 (5th Cir. 2014) (remand order constituted final judgment permitting appeal of district court’s contemporaneous orders granting summary judgment in favor of defendants on federal claim and dismissing certain state claims); Porter v. Williams, 436 F.3d 917, 920 (8th Cir. 2006) (remand order constituted final order that enabled review of district court’s prior order granting partial summary judgment). Were it otherwise, any order preceding the remand, even if dispositive of a claim, would become insulated from review. See Waco, 293 U.S. at 143, 55 S. Ct. at 7; Hyde Park Co., 226 F.3d at 1209 n.1.”

Affirmed.

13-1901 Ball v. City of Indianapolis

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Rovner, J.

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