Monday, June 22, 2015

No flim flam + 2d DCA pro tem update

Are orders remanding a case from state to federal court appealable?
The recent 9th Circuit case of Flam v. Flam (9th Circ. June 8, 2015) provides a clue.
H&L's Peder Batalden and John Querio explain all in today's DJ.
Here're the opening paragraphs:
Image result for bamm bamm
Flam Flam remand orders.
Lawyers take for granted that there will be an opportunity for appellate review - at least eventually. If a federal district court's pretrial ruling is not appealable immediately, it may be reviewed later on appeal from a final judgment. But Congress controls the scope of federal appellate jurisdiction, and Congress has discretion to eliminate appellate review for particular categories of orders.
Congress has exercised that control with respect to remand orders. Orders remanding cases from federal court to state court are presumptively appealable final decisions, but Congress has withdrawn appellate jurisdiction: "An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." 28 U.S.C. Section 1447(d). (There are two exceptions not pertinent here.) If the growing body of case law interpreting the statute is any guide, many federal judges are dissatisfied that they may not review the "merits" of remand orders. This dissatisfaction has spawned creative efforts to avoid the statutory bar to review.

The following are currently sitting on assignment:
  • Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until June 30, 2015
  • Judge Carl H. Moor of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One beginning July 1 until August 31, 2015
  • Judge Anne Harwood Egerton of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until June 30, 2015
  • Judge Ann I. Jones of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until August 31, 2015.
  • Judge Richard H. Kirschner of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until July 31, 2015.
  • Judge Bruce G. Iwasaki of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until June 30, 2015
  • Judge Mary H. Strobel of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until August 15, 2015
  • Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven beginning July 6 until July 22, 2015.
  • Judge Sam Ohta of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight beginning July 1 until August 31, 2015