SCOTUScast 6-17-09 featuring Brian Foster
Carlsbad Technology v. HIF Bio
June 17, 2009Brian Foster
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SCOTUScast 6-17-09 featuring Brian Foster - MP3
Running Time: 00:13:55
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:
Decision - May 4, 2009: