September 24, 2012 Articles

Appeal of Interlocutory Remand Orders in Putative Class Action Cases

CAFA expressly creates appellate jurisdiction to review certain orders granting or denying a remand.

By Karen S. Precella and Kelli Benham

You cannot appeal a remand order based on lack of subject matter jurisdiction or defects in the removal procedure, right? That may not be so anymore for certain remand orders on cases removed pursuant to the Class Action Fairness Act (CAFA). CAFA expressly creates appellate jurisdiction to review certain orders granting or denying a remand. Exceptions to appellate jurisdiction granted by CAFA exist, and review is discretionary with the court of appeals. A short 10-day deadline governs the application for permission to appeal, and there is no automatic stay of proceedings in the district court. Nevertheless, the CAFA provisions create an avenue to appeal interlocutory orders on motions to remand that had not been available pre-CAFA for putative class action (or other) cases.

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