March 9, 2026·1:25-CV-03584-PAB-MDB·Panel Decision·By Raj Patel
The United States Court of Appeals for the Tenth Circuit denied a petition for permission to appeal a district court order remanding a class action to state court. The court found that the petitioner failed to demonstrate that exercising its discretion to hear the appeal was warranted under the Class Action Fairness Act.
Background
Jeffrey Parker filed a petition for permission to appeal under Section twenty-eight U.S.C. Section one thousand four hundred fifty-three subsection C seeking review of a district court order that remanded Christopher Hardy’s class action to Colorado state court.
The court’s reasoning
The court noted that whether to accept an appeal from a remand order is committed to its informed discretion. Citing BP America v. Oklahoma, the court identified factors generally considered in exercising this discretion. The court concluded that Mr. Parker failed to show that an exercise of discretion to allow an appeal from the district court’s remand order was warranted based on those factors.
What it means going forward
The denial of the petition leaves the district court’s order remanding the class action to Colorado state court in effect, preventing further federal appellate review of the remand decision at this time.
