Things Remembered, Inc. v. Petrarca (1995)
- Docket
- 94-1530
- Decided
- 1995-01-01
Summary
Question: May a federal court of appeals review a district court order remanding a bankruptcy case to state court on grounds of untimely removal? Conclusion: No. In a unanimous opinion delivered by Justice Clarence Thomas, the Court held that if an order remands a removed bankruptcy case to state court because of a timely raised defect in removal procedure or lack of subject-matter jurisdiction, a court of appeals lacks jurisdiction to review the order under the provisions of the general federal removal statute. The Court reasoned that the general removal statute bars appellate review of any order remanding a case to the State court from which it was removed so that only remands based on the grounds recognized by the statute, such as a timely raised defect in removal procedure or lack of subject-matter jurisdiction, are immune from review under the statute.