In this case, we must once again decide under what circumstances a federal district court’s order remanding a removed case to the state court is reviewable by means of a writ of mandamus. The casual reader of 28 U.S.C. § 1447(d), which provides that “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise” (with one exception not pertinent here), might think that no such circumstances exist. That reader would be wrong, for reasons that help to explain why law continues to be somewhat mysterious to those without legal training. In a line of cases beginning with
Thermtron Products, Inc. v. Hermansdorfer,
This litigation began when St. Louis Pres-tress (“St.Louis”) filed suit in Illinois state court against Florida Wire & Cable Co., Florida Wire & Cable, Inc., Florida Sub One, Inc., and Kent Preston (to whom we refer collectively as “Florida Wire”). St. Louis alleged that the wire strands it purchased from Florida Wire contained surface contamination that, when installed, caused damage to the prestress concrete products St. Louis manufactured. St. Louis sought relief under theories of negligence, breach of express and implied warranties, products liability, and the Illinois Consumer Fraud and Deceptive Business Practices Act, 825 ILCS 505/1 et seq.
Florida Wire responded on May 16, 1994, by removing the action to the U.S. District Court for the Southern District of Illinois, relying on diversity jurisdiction under 28 U.S.C. § 1332. At that time, complete diversity existed between the opposing parties and the amount in controversy exceeded the then-applicable threshold of $50,000. (We note that pursuant to the Federal Courts Improvement Act of 1996, Pub.L. 104-317, § 205, the amount in controversy required for jurisdiction under § 1332 will increase to $75,000, effective January 17, 1997: This change obviously does not affect Florida Wire’s petition.) The trouble began when the district court granted Florida Wire’s motion to file a third-party complaint against Keller Truck Services, Inc. (“Keller”), a sister corporation of St. Louis Prestress and, like St. Louis, a citizen of Illinois for purposes of § 1332. Florida Wire’s third-party complaint alleged that Keller caused the damage to St. Louis’s products while it was transporting them.
Perhaps not paying close enough attention to 28 U.S.C. § 1367(b), which denies supplemental jurisdiction over claims by plaintiffs against persons made parties under Fed. R.Civ.P. 14 (among other rules) when the original claim was brought under § 1332 and exercising jurisdiction would destroy complete diversity, or perhaps quite happy with an opportunity to escape unwanted federal court proceedings, St. Louis moved for leave to amend its complaint to add Keller as a direct defendant. The district court granted this motion, over Florida Wire’s objection, on June 17, 1996. On June 19, Florida Wire dismissed its own third-party claims against Keller, and on June 26, St. Louis filed a motion to remand the case to state court for want of jurisdiction. Citing the fact that complete diversity no longer existed between the opposing parties, the district court remanded the ease to state court on August 7, 1996.
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Florida Wire has now petitioned this Court for a writ of mandamus directing the district court to (1) deny St. Louis’s motion to join Keller as a direct defendant, and (2) vacate its order remanding the case to state court. Before we can consider this petition, we must decide whether we have jurisdiction over it, or if § 1447(d)’s prohibition on review of remand orders “by appeal or otherwise” applies here. As noted above, there are some small chinks in the wall against review that § 1447(d) erects. See generally
In the Matter of Continental Casualty Co.,
Florida Wire’s petition presents us with the question whether a remand order based on the statutory ground furnished by 28 U.S.C. § 1447(e) falls within the general prohibition of § 1447(d) or the Thermtron exception. Section 1447(e) reads as follows:
If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
This describes St. Louis’s case perfectly: St. Louis, the plaintiff in the original action, asked to join Keller as an additional direct defendant, but the joinder of Keller would destroy the complete diversity required by § 1332. The district court chose the second option provided by the statute when it permitted joinder and ordered the action remanded to the state court.
Faced with the same situation, the Fourth Circuit concluded in
Washington Suburban Sanitary Comm’n v. CRS/ Sirrine, Inc.,
We therefore hold that we have no jurisdiction to review, by mandamus or otherwise, the district court’s decision to remand this action to state court pursuant to 28 U.S.C. § 1447(e). Florida Wire’s petition for a writ of mandamus is Dismissed for want of jurisdiction.
