Circuit split · bankruptcy law
Whether 28 U.S.C. § 1452(b) precludes appellate review only of bankruptcy remand orders decided on equitable rather than jurisdictional grounds
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Tenth Circuit Court of Appeals · October 26, 1995
“" There is a split of authority as to whether 1452(b) precludes review only of remand orders decided on equitable rather than jurisdictional grounds, see Pacor, Inc.” — Split of authority
Empirical analysis of this case →
The provision at issue
28 U.S.C. § 1452 — Removal of claims related to bankruptcy cases
“(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title . (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 3d Cir.Pacor, Inc. v. Higgins743 F.2d 984
“Higgins, 743 F.2d 984 , 993 (3d Cir.1984), or of all remands or refusals to remand under 1452, including those decided on jurisdictional grounds, Sykes v.” — W. David Weston, and Yukio Ayabe Harold Masunaga Resource Concepts, Inc. Telegraph Gold Corporation, Assignee of Claim of Dr. George Pingree Dr. George Pingree James F. Peters, Trustee of Gnolaum Unitrust Telegraph Gold Corporation v. Ronald W. Goss and Van Cott, Bagley, Cornwall and McCarthy W. David Weston v. Herbert W. Stoltenberg Kenneth Caldwell Elmer J. Davis Roger A. Mann H.E. Moses Robert A. Nickerson Peter P. Samarin Edwin Stoltenberg Patricia Stoltenberg Chris Waugh Samuel Harmatz Bernard Hodowski Delford R. Ashley George Slater Patricia Slater Robert Doub Sam Hambarian Lionel Ascher A.C. Nejedly R.E. Donahey, W. David Weston v. Herbert W. Stoltenberg H.E. Moses Edwin Stoltenberg Chris Waugh Samuel Harmatz B. Hodowski Patricia Stoltenberg Delford R. Ashley L. Ascher Sam Hambarian A. Nejedly G. Duncan R. Mann R. Nickerson, acknowledging the split
- On the other side · 5th Cir.Sykes v. Texas Air Corp.834 F.2d 488
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.