Chan Healthcare v. Liberty Mutual

The panel (1) dismissed a petition for permission to appeal the district court’s remand order in a class action case founded on federal question jurisdiction and (2) vacated the district court’s order granting attorneys’ fees.



Joining the Fifth, Sixth, and Eighth Circuits, the panel held that the interlocutory review provision set forth in the Class Action Fairness Act, 28 U.S.C. § 1453(c)(1), is limited to orders granting or denying remand of diversity class actions brought and removed under CAFA. Therefore, under 28 U.S.C. § 1447(d), the panel lacked jurisdiction to review the district court’s order remanding the case to the state court from which it had been removed.

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