The Old Bait and Switch: The Fourth Circuit Declined to Vacate a Remand Order as a Sanction Under Rule 60(B)(3) in Barlow v. Colgate Palmolive Co.

Abstract

INTRODUCTION|In Barlow v. Colgate Palmolive Co., the United States Court of Appeals for the Fourth Circuit determined that a lack of diversity jurisdiction prevented the court from reviewing a remand order on appeal. The court specifically referred to 28 U.S.C. 1447, which generally prevents a court form reviewing remand orders. There are exceptions to this rule, but no exception exists when a case is remanded for a lack of subject matter jurisdiction. However, the Fourth Circuit did not have to review the merits of the remand order for the lack of subject matter jurisdiction, and instead could have vacated the remand order as a sanction Rule 60(b)(3) of the Federal Rules of Civil Procedure...