By: WISCONSIN LAW JOURNAL STAFF//July 21, 2011//
Bankruptcy
Supplemental jurisdiction
The court lacks jurisdiction over an appeal of an order remanding supplemental cases to state court.
“The word ‘jurisdiction’ is a chameleon, judges do not always use it with precision, and the distinction between relinquishing and disavowing jurisdiction is a fine one. Had Regent argued supplemental jurisdiction to the bankruptcy judge, we might interpret what the judge did as relinquishment rather than disavowal. But as no one mentioned supplemental jurisdiction, it hardly seems likely that the judge, in holding that he lacked jurisdiction, meant that he had jurisdiction but was relinquishing it. Such a characterization of his ruling would not be ‘colorable.’ So the remand was indeed unreviewable.”
Dismissed.
10-3017 & 10-3018 Townsqure Media, Inc., v. Brill
Appeals from the United States District Court for the Southern District of Indiana, Young, J., Posner, J.