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DAWALT v. PURDUE PHARMA, L.P.

No. 03-6441.

397 F.3d 392 (2005)

Charles DAWALT; Sue King, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. PURDUE PHARMA, L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company; Purdue Pharmaceuticals L.P.; Abbott Laboratories; Abbott Laboratories, Inc., doing business as Abbott Sales Marketing and Distributing Company; The P.F. Laboratories, Inc.; PRA Holdings, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2005.

Attorney(s) appearing for the Case

ARGUED: John M. Famularo, Stites & Harbison, Lexington, Kentucky, for Appellants. David L. Helmers, David L. Helmers & Associates, Lexington, Kentucky, for Appellees. ON BRIEF: John M. Famularo, Daniel E. Danford, Stites & Harbison, Lexington, Kentucky, Susan Mohler Pope, Frost, Brown & Todd, Lexington, Kentucky, for Appellants. Elizabeth R. Overton, William Gallion & Associates, Lexington, Kentucky, for Appellees.

Before: MERRITT, DAUGHTREY, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

At issue in this appeal is Congress's deceptively simple prohibition on our review of district court remand orders, see 28 U.S.C. § 1447(d), and the voluminous body of case law it has spawned. Because we interpret the district court's opinion in this case as a remand for lack of subject matter jurisdiction and not as a discretionary remand of pendent state-law claims, we conclude that § 1447(d) bars review...

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