Case Citator › Executive Software North America, Inc. v. United States District Court For The Central District Of California

Executive Software North America, Inc. v. United States District Court For The Central District Of California

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
24 F.3d 1545
Decided
Confirmed treatments
1
Flagged citations read
76 of 76
Treatment dates
2008
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part. All 76 flagged citations have been reviewed.
More on how this was screened

The 1 confirmed treatment is listed below: the Ninth Circuit held in California Department of Water Resources v. Powerex Corp. that an appeal under 28 U.S.C. § 1291, rather than only mandamus, can review a remand following a discretionary refusal of supplemental jurisdiction. The court continued to recognize Executive Software North America, Inc. v. United States District Court For The Central District Of California on the separate question whether 28 U.S.C. § 1447(d) bars review. The remaining citing opinions applied Executive Software, cited it favorably, or repeated Powerex's treatment in a history parenthetical.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

76 citations to Executive Software North America, Inc. v. United States District Court For The Central District Of California sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • A discretionary remand of supplemental state law claims may be reviewed by appeal under § 1291, displacing Executive Software's mandamus-only rule.

    California Department of Water Resources v. Powerex Corp. · Ninth Circuit · filed

    our cases continually held that remands preceded by discretionary declines of jurisdiction over state law claims could be reviewed only by way of a mandamus petition. See Executive Software N. Am., 24 F.3d at 1550; ... We now recognize that Quackenbush is clearly irreconcilable with Survival Systems and its progeny. ... we overrule circuit precedents that instruct otherwise.
    Read the full opinion on CourtListener →

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