Barker v. Boettcher

The Seventh Circuit considered two questions of federal jurisdictional law related to the scope of the court’s authority under 28 U.S.C. § 1447(d) to review an order remanding part, but not all of a case, to state court following the removal to federal court of a different part of the case under the federal officer removal statute, 28 U.S.C. § 1442. The district court faced with these jurisdictional issues entered an order retaining jurisdiction over a subpoena proceeding but remanded a property dispute to the state court. The Seventh Circuit affirmed, explaining that the district court did not err in retaining jurisdiction over subpoena proceedings but not over the broader dispute between the parties. (BRENNAN and MALDONADO, concurring)