Townsquare Media, Inc. v. Brill
652 F.3d 767
7th Cir.2011Background
- Brill sued Regent in Indiana state court over alleged confidentiality breaches and related claims.
- The case was removed to federal court under 28 U.S.C. § 1452(a) to bankruptcy-related jurisdiction.
- Regent consented to removal but the unanimity requirement under § 1441(a) is discussed.
- Brill amended the complaint, dropping most defendants and limiting to Regent; bankruptcy court claimed no jurisdiction over the amended state-law claims.
- Bankruptcy court remanded the case to state court; Regent appealed to the district court, which affirmed; Seventh Circuit dismisses the appeal as unreviewable remand.
- The central issue is whether the remand order is reviewable given Carlsbad/Thermtron, and whether the bankruptcy court could retain or relinquish jurisdiction over supplemental state-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the remand order is reviewable on appeal. | Brill | Regent | Appeal dismissed; remand unreviewable. |
| Whether the bankruptcy court had supplemental jurisdiction over Brill's state-law claims. | Brill | Regent | Assumed; relinquishment vs. dismissal analyzed, but remand still unreviewable. |
| Whether removal under § 1452 and related § 1334 jurisdiction supported removal. | Brill | Regent | Removal proper; unanimity not required under § 1452. |
| Whether relinquishment of jurisdiction can be reviewed when remanding on non-jurisdictional grounds. | Brill | Regent | Remand based on relinquishment reviewed; here, remand unreviewable. |
| Impact of Carlsbad and Thermtron on reviewability of remand and relinquishment decisions. | Brill | Regent | Carlsbad controls; remand under relinquishment is reviewable only to extent of jurisdictional basis; here, unreviewable. |
Key Cases Cited
- Thermtron Prod., Inc. v. Hermansdorfer, 423 U.S. 336 (1976) (limits on reviewability of remands under § 1447(d))
- Carlsbad Tech., Inc. v. HIF Bio, Inc., 129 S. Ct. 1862 (2009) (relinquishing vs. denying jurisdiction; reviewability of relinquishment decisions)
- Things Remembered, Inc. v. Petrarca, 516 U.S. 124 (1995) (§ 1452(b) may affect appealability of remand orders)
- Powerex Corp. v. Reliant Energy Servs., Inc., 551 U.S. 224 (2007) (remand grounded in jurisdictional basis; analysis of reviewability)
- Kircher v. Putnam Funds Trust, 547 U.S. 633 (2006) (distinguishes grounds for remand: jurisdictional vs. nonjurisdictional)
- Rockwell Int’l Corp. v. United States, 549 U.S. 457 (2007) (forum manipulation and federal jurisdiction concerns in removal/remand)