11th Circuit Rules Wyeth's Motion to Dismiss Does Not Waive Right to Removal

ATLANTA - The 11th Circuit ruled April 26 that a district court erred when it decided on its own accord to remand a case after finding Wyeth's pre-removal motion to dismiss did not affect its right to removal. Cogdell v. Wyeth, et al. No. 02-12146 (11th Cir.).

The federal appellate court ruled in its April 26 opinion that it had jurisdiction to review the order because the district court's decision was based on removal jurisdiction as opposed to a lack of subject matter jurisdiction.

The 11th Circuit described removal jurisdiction as a 'species' of subject matter jurisdiction, in that it …