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Greenwich Ins. v. Asea Brown Boveri, Inc.
Citation: 75 F. App'x 54Docket: Docket No. 02-9135
Court: Court of Appeals for the Second Circuit; September 18, 2003; Federal Appellate Court
Greenwich Insurance Company initiated a lawsuit in Connecticut Superior Court seeking a declaration regarding insurance claims filed by several defendants. The defendants removed the case to federal court on March 8, 2002, claiming diversity jurisdiction despite the presence of two Connecticut citizens among the defendants. The plaintiff moved to remand the case to state court, arguing that the removal was improper because the Connecticut defendants were not fraudulently joined. Magistrate Judge Holly B. Fitzsimmons recommended granting the plaintiff's motion to remand, concluding that the Connecticut defendants were properly joined and that the federal court lacked subject matter jurisdiction. The District Court adopted this recommendation on October 17, 2002, resulting in the case being remanded to state court. The defendants appealed the remand decision, but the appeal was dismissed as remand orders based on a lack of subject matter jurisdiction are not reviewable under 28 U.S.C. § 1447(d). The court cited precedents confirming that such remand orders cannot be appealed or reviewed by mandamus. Thus, the defendants' appeal was dismissed for lack of jurisdiction.