Alabama Dental Assn. v. Blue Cross & Blue Shield

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 16, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-16657
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D. C. Docket No. 07-00134-CV-2-RDP
ALABAMA DENTAL ASSOCIATION, THE
in an associational capacity on behalf
of its members, et al.,
Plaintiffs,
LEW MITCHELL, D.M.D.,
Plaintiff-Appellee,
versus
BLUE CROSS & BLUE SHIELD OF ALABAMA, INC.,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(March 16, 2010)
Before HULL, WILSON and FARRIS, Circuit Judges.*
Honorable Jerome Farris, United States Circuit Judge for the Ninth Circuit, sitting by*
designation.

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PER CURIAM:
Blue Cross & Blue Shield of Alabama, Inc. (BCBS) appeals the district
court’s order remanding this case to state court. BCBS argues that the district
court was compelled to retain jurisdiction pursuant to the federal officer removal
statute, 28 U.S.C. § 1442(a)(1). BCBS also argues that the district court abused its
discretion by failing to exercise supplemental jurisdiction.
As a preliminary matter, we resolve a jurisdictional issue that was carried
with the case: whether under 28 U.S.C. § 1447(d) we can review the district court’s
decision to remand. The district court remanded after first concluding there was no
federal officer removal jurisdiction, then electing not to retain jurisdiction over
state-law claims pursuant to 28 U.S.C. § 1367(c)(3). In Carlsbad Tech., Inc. v.
HIF Bio, Inc., 129 S. Ct. 1862, 1866 (2009), the Supreme Court recently made
clear our power to review such a decision. This case differs from a remand for lack
of subject-matter jurisdiction that is not reviewable. Both sides agree that
Carlsbad confirms this Court’s jurisdiction over this appeal.
We have reviewed the briefs and received the benefit of oral argument.
Finding no reversible error, we affirm the remand of the Second Amended
Complaint to state court.
AFFIRMED.
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