The James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, Pennsylvania. Photo: Diego M. Radzinschi/ALM Precedential 3rd Circuit Ruling Clarifies Authority to Review Remand Orders
"In other words, bad faith is not required, but a court in its discretion may look for 'indicia of bad faith,' as one factor in deciding whether to remand," Judge Patty Shwartz said. "Accordingly, we cannot conclude that the district court's statements, reflecting reality, were in error."
December 29, 2022 at 04:22 PM
6 minute read
In a precedential ruling, the U.S. Court of Appeals for the Third Circuit concluded that it has jurisdiction to review a vacatur order because, by remanding the case, the district court declined to exercise its discretion to consider the state law claims.
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