Things Remembered, Inc. v. Petrarca

Summary

Justice Thomas, writing for a unanimous Court, held that 28 U.S.C. § 1447(d) bars appellate review of an order remanding a bankruptcy-related case to state court for a timely raised removal defect, regardless of whether removal occurred under § 1441(a) or § 1452(a). The Court affirmed the Sixth Circuit's dismissal for lack of appellate jurisdiction, explaining that §§ 1447(d) and 1452 can coexist. Justice Kennedy, joined by Justice Ginsburg, concurred to emphasize that the decision did not resolve the reviewability of remands under Carnegie-Mellon University v. Cohill. Justice Ginsburg, joined by Justice Stevens, separately concurred to explain her view that § 1452(b) independently barred appellate review because its authorization of remand on any equitable ground encompasses appropriate remands for untimely removal.