(DOWNLOAD) "Doleac v. Michalson" by Fifth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

July 26, 2021

eBook details

Title: Doleac v. Michalson
Author : Fifth Circuit U.S. Court of Appeals
Release Date : January 27, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

For this appeal, the threshold issue is our jurisdiction vel non to consider the district courts permitting an amendment joining a party, which resulted in both the destruction of diversity of citizenship and the remand of the action to state court. On the one hand, if we have jurisdiction, we must consider whether allowing the amendment was proper. On the other hand, if jurisdiction is lacking, we must consider the constitutionality of 28 U.S.C. Â§ 1447(d)s preclusion of our review. (Section 1447(d) bars review of remand orders except in certain civil rights cases.) Because we lack jurisdiction and Â§ 1447(d) is constitutional, the appeal is DISMISSED.