Vachon v. Travelers Home and Marine Insurance Co., No. 20-12765 (11th Cir. 2021)
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The Eleventh Circuit dismissed the appeal based on lack of jurisdiction because federal law bars the court from reviewing orders remanding cases based on a defect in removal. In this case, plaintiff moved to remand on the ground that removal was untimely because Travelers had not filed its notice of removal within the one year after commencement of the action. The court also concluded that it would lack jurisdiction even if the order contained some determination of substantive law where the substantive issue would have been intrinsic to the decision to
remand. The court explained that, assuming substantive Florida law played a part in the district court's calculation of the removal period, any determination about that law was merely a step towards the conclusion that the removal was untimely.
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