Kakarala v. Wells Fargo Bank
Petition for certiorari denied on April 4, 2016.
Issue
(1) Whether this Court should reconsider and overrule the case Thermtron Products, Inc. v. Hermansdorfer, and its progeny, that allow for appeals of remand orders, in light of the express Congressional proscription of appeals of remands in 28 U.S.C. § 1447(d); and (2) whether district courts should be able to remand a statutorily defective removal despite facially apparent diversity jurisdiction where the removing party has abandoned any claim of diversity by engaging in state court litigation for more than half a year while diverse, and the record suggests that the removal was abusive, dilatory forum shopping.
Recommended Citation: Kakarala v. Wells Fargo Bank, SCOTUSblog, https://www.scotusblog.com/cases/kakarala-v-wells-fargo-bank/