718 F.3d 518
5th Cir.2013Background
- Diversity-based removal; district court allowed joinder of non-diverse defendants and remanded under 28 U.S.C. § 1447(e).
- Original Louisiana state-court tort suit involved transdermal pain patches; medical malpractice defenses argued non-diverse providers were barred until a panel review.
- Medical review panel completed; plaintiffs sought to amend to add non-diverse providers previously dismissed, and to reinstate related claims.
- Appellants objected, contending § 1367(b) barred supplemental jurisdiction over the amended claims.
- Magistrate Judge recommended joinder and remand; district court adopted; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand reviewability under §1447(d) and §1447(e) | Fontenot argues remand is reviewable despite §1447(d). | Watson asserts remand is categorically immune from review under §1447(d). | Remand under §1447(e) is not reviewable |
| Reviewability of the joinder ruling itself | Fontenot seeks review of the joinder ruling as separable and reviewable. | Watson contends joinder ruling cannot be reviewed independently once remand is issued. | Joinder ruling is not independently reviewable; remand is irreversible |
Key Cases Cited
- Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (Supreme Court 2007) (remands based on lack of subject-matter jurisdiction under §1447(c) are not reviewable under §1447(d))
- Quackenbush v. Allstate Ins. Co., 517 U.S. 706 (Supreme Court 1996) (§1447(d) read in pari materia with §1447(c))
- Doleac ex rel. Doleac v. Michalson, 264 F.3d 470 (5th Cir. 2001) (joinder ruling separable from remand; collateral-order analysis; not reviewable on final judgment)