Procedural Flaw Allows Circuit Court to Look at Remand Order

A remand order based on a procedural defect in removal of a suit is generally unreviewable, but the Eleventh Circuit said it could review the remand order in this medical malpractice suit because it exceeded the district court’s authority.

Betty Shipley sued Helping Hands Therapy and a physical therapist in an Alabama court, claiming she was injured during therapy on her knee.

When the defendants removed the case, Shipley filed a timely motion to remand—within 30 days after removal—arguing that the federal court lacked subject matter jurisdiction. After the defendants responded, she filed a reply, additionally claiming that the case ...