Thursday, December 27, 2012

Tenth Circuit -- Hill v. Vanderbilt Capital Advisors


Dismissal/remand for lack of standing is at least colorably a dismissal for lack of subject matter jurisdiction and therefore unreviewable.

Post-removal addition of a uniquely federal cause of action does not allow for review of subsequent unreviewable remand.

Exception to nonreviewability of remand requires divisible orders - elements of a single claim dismissed by a single order cannot be separately assessed.

Hill v. Vanderbilt Capital Advisors
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.