Sarah S. Gold, a partner at Proskauer Rose, and Richard L. Spinogatti, a senior counsel at the firm, write that a conflict among the circuits has emerged over the appealability of orders remanding to state court class actions previously removed to federal court under SLUSA. The division stems from contrary interpretations of the SLUSA removal and remand provisions and the applicability of 28 USC §1447(d), which bars appellate review of remand orders based on lack of federal subject matter jurisdiction.
Corporate and Securities Litigation
New York Law Journal
February 8, 2006
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