After plaintiffs-appellees' case was removed from state court on the basis of diversity jurisdiction, the district court allowed the joinder of several non-diverse defendants and remanded the case. Defendants-appellants appealed the district court's order, claiming that the remand was in error because the joinder ruling was a prohibited exercise of supplemental jurisdiction. 28 USC § 1447(d) precludes appellate review of §1447(e) remand orders. Independent review of the alleged error in the joinder ruling that provided the basis for remand is foreclosed by Doleac ex rel. Doleac v. Michalson. The appeal is dismissed for lack of jurisdiction. 5th U.S. Circuit Court of Appeals, No. 12-30711, 06-10-2013.
Fontenot v. Watson Pharmaceuticals, Inc.
June 14, 2013