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Appellate Article on Remand Order Dismissal by Eighth Circuit Published in ABA Appellate Section Newsletter

April 30, 2014

Appellate team leader John Bunyan and Tyler Wetzel wrote an article on the Eighth Circuit’s decision in Arnold Crossroads, L.L.C. v. Gander Mountain Co. Below is an excerpt from “Order Remanding Claim by Intervenor on Procedural Ground Not Reviewable,” originally featured in the American Bar Association’s June 30, 2014 Appellate Practice newsletter:

The Eighth Circuit dismissed for lack of jurisdiction an appeal of a remand order. It concluded that because the district court had remanded on the procedural ground that the removal was untimely and because the district court had avoided the question of whether 28 U.S.C. § 1441(a) allows only removal of an entire case.Arnold Crossroads, LLC, a commercial-real-estate business, entered into a redevelopment agreement with the City of Arnold. Arnold Crossroads then negotiated a lease with Gander Mountain Co. to operate a store within the redevelopment area. After Gander attempted to terminate the lease, Arnold Crossroads filed suit in Missouri state court for breach of the lease and sought $40,000 in damages. Gander removed the case to federal court based on diversity jurisdiction. The district court, however, remanded because the amount-in-controversy requirement was not satisfied.

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