The Seventh Circuit today declined to review remand orders despite their inconsistency with another district judge’s refusal to remand a similar case. Citing Powerex Corp. v. Reliant Energy Services, Inc., 127 S. Ct. 2411 (2007), the court held that 28 U.S.C. 1447(d) "blocks appellate inquiry into whether the district judge [who ordered remand] is mistaken" in deciding to remand to state court and dismissed the appeal for want of jurisdiction. In re Mutual Fund Market-Timing Litig., No. 07-1695 (7th Cir. July 13, 2007).
Will Powerex prompt other appeals courts to dismiss remand appeals promptly? Blawgletter hopes so. Interlocutory review makes trial court resolution of cases on the merits almost impossible. It should therefore happen rarely. Decisions like In re Mutual Fund will help, however modestly.
Barry Barnett
