Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-23

Docket: 8:24-cv-00227-SVW

The ninth-circuit dismissed the cross-appeals filed by Klein, Kimura London and White, LLP, and Todd Becker regarding the district court’s order remanding claims to state court, holding that under 28 U.S.C. § 1447(d), an order remanding a case to state court is not reviewable on appeal when based on a lack of subject-matter jurisdiction or a procedural defect in removal. The court affirmed the district court’s judgment regarding the bankruptcy court’s subject-matter jurisdiction over “core” claims and ancillary claims, finding that the bankruptcy court properly exercised jurisdiction because the claims arose exclusively from the bankruptcy context and were covered by a stipulation retaining jurisdiction to effectuate its decree. Additionally, the court affirmed the imposition of sanctions under Federal Rule of Civil Procedure 11 against the appellants, ruling that the district court did not abuse its discretion in deeming their motion for rehearing frivolous given the clarity of the remand order. The case is remanded to the district court with instructions to carry out the remand order.

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