In Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co., ___ F.3d ___ (Jan. 3, 2017), the Ninth Circuit construed the CAFA provision governing appealability of remand orders.
The opinion's first paragraph reads:
This consolidated appeal presents an issue of first impression in our circuit, namely the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction. Remand orders are not appealable as a matter of course. 28 U.S.C. § 1447(d). Nonetheless, as part of the Class Action Fairness Act of 2005 (“CAFA”), Congress created an exception under 28 U.S.C. § 1453(c)(1) that permits courts of appeals to accept appeals from remand orders in cases that are removed “under this section.” Joining our sister circuits, we conclude that this interlocutory review provision is limited to orders granting or denying remand of diversity class actions brought and removed under CAFA.
Slip op. at 3.