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Titus v. Knoll Pharmaceutical Co.
Citation: 106 F. App'x 960Docket: No. 03-3706
Court: Court of Appeals for the Sixth Circuit; July 26, 2004; Federal Appellate Court
Defendants-Appellants Knoll Pharmaceutical Co. and Abbott Laboratories appeal the district court's remand order to Texas state court, which is deemed unreviewable. Alice Titus initiated the action in state court, asserting claims against Meridia manufacturers for inadequate warnings and a negligence claim against her physician. The manufacturers removed the case to federal court, alleging fraudulent joinder of the physician to defeat diversity jurisdiction and claiming federal question jurisdiction. The district court granted Titus's motion to remand, concluding there was no diversity or federal question jurisdiction and that the physician was not fraudulently joined. The defendants' appeal focuses on the district court's finding of lack of diversity jurisdiction, but they concede the lack of federal question jurisdiction. The appellate court considers its jurisdiction over the remand order, noting that remand orders based on lack of subject matter jurisdiction are typically unreviewable under 28 U.S.C. § 1447(d). The court finds that the defendants' argument regarding the fraudulent joinder is not a reviewable collateral issue since the district court's ruling on the physician's joinder was limited to jurisdictional matters. The request for a writ of mandamus is also denied, as it cannot be used to challenge unreviewable remand orders. Consequently, the appeal is dismissed for lack of jurisdiction.