SCOTUScast 6-17-09 featuring Brian Foster

On Monday, May 4, the Supreme Court announced its decision in Carlsbad Technology v. HIF Bio. In this case, the Supreme Court considered whether appellate review of a federal district court order remanding a case to state court after having declined to exercise supplemental jurisdiction is barred because the order is based on a lack of subject matter jurisdiction. In a unanimous decision delivered by Justice Thomas, the Court held that such a remand order is not based on a lack of subject matter jurisdiction and is therefore reviewable on appeal, reversing the Federal Circuit decision below. Covington & Burling attorney Brian Foster discusses the decision.

 

 

 

Oral Argument - February 24, 2009:
http://supremecourtus.gov/oral_arguments/argument_transcripts/07-1437.pdf

 

 

 

 

 

 

 

Decision - May 4, 2009:
http://www.supremecourtus.gov/opinions/08pdf/07-1437.pdf

 

 

 

 

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