6th Circuit Says It Can't Review Lower Court's Remand Order

CINCINNATI - The 6th Circuit Court of Appeals said in a published opinion Feb. 7 that the federal removal statute does not allow it to hear an appeal where the lower court found a lack of subject matter jurisdiction. DaWalt v. Purdue Pharma, L.P., No. 03-6441 (6th Cir.).

The circuit panel said its opinion was based on the 'deceptively simple prohibition' in 28 U.S. Code Section 1447(d): '[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.'

Purdue Pharma L.P. and its affiliates appealed an order by the U.S. …