In re BLACKWATER SECURITY CONSULTING, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, Petitioners.
In re Justin L. McQuown, Petitioner.
Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, Plaintiff-Appellee, and
Estate of Stephen S. Helvenston; Estate of Mike R. Teague; Estate of Jerko Gerald Zovko; Estate of Wesley J.K. Batalona, Plaintiffs,
v.
Blackwater Security Consulting, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation, Defendants-Appellants, and
Justin L. McQuown, an individual; Thomas Powell, Defendants.
Professional Services Council; International Peace Operations Association; American International Group, Incorporated, Amici Supporting Appellants.
Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona, Plaintiff-Appellee, and
Estate of Stephen S. Helvenston; Estate of Mike R. Teague; Estate of Jerko Gerald Zovko; Estate of Wesley J.K. Batalona, Plaintiffs,
v.
Justin L. McQuown, an individual, Defendant-Appellant, and
Blackwater Security Consulting, LLC, a Delaware Limited Liability Company; Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation; Thomas Powell, Defendants.
Professional Services Council; International Peace Operations Association; American International Group, Incorporated, Amici Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 14, 2006.
Decided August 24, 2006.
Attorney(s) appearing for the Case
ARGUED: C. Allen Foster, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners/Appellants. Marc Phillip Miles, Callahan & Blaine, A.P.L.C., Santa Ana, California, for Appellee. ON BRIEF: Michael P. Socarras, Joe R. Reeder, Greenberg Traurig, L.L.P., Washington, D.C., Kirk G. Warner, Mark A. Ash, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, North Carolina, for Blackwater Security Consulting, L.L.C., a Delaware Limited Liability Company, and Blackwater Lodge and Training Center, Incorporated, a Delaware Corporation; William C. Crenshaw, Ralph J. Caccia, Don R. Berthiaume, Powell & Goldstein, L.L.P., Washington, D.C., Patricia L. Holland, Rachel Esposito, Cranfill, Sumner & Hartzog, L.L.P., Raleigh, North Carolina, for Justin L. McQuown. Daniel J. Callahan, Brian J. McCormack, Callahan & Blaine, A.P.L.C., Santa Ana, California, David F. Kirby, William B. Bystrynski, Kirby & Holt, L.L.P., Raleigh, North Carolina, for Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J.K. Batalona. David C. Hammond, Amy E. Laderberg, Crowell & Moring, L.L.P., Washington, D.C., for Professional Services Council and International Peace Operations Association, Amici Supporting Appellants. Keith L. Flicker, Flicker, Garelick & Associates, L.L.P., New York, New York, for American International Group, Incorporated, Amicus Supporting Appellants.
Before SHEDD and DUNCAN, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Appeal dismissed; petition for writ of mandamus denied; motion to strike denied as moot by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge JONES joined.
DUNCAN, Circuit Judge:
This appeal and petition for writ of mandamus require us to consider the extent to which we can review a district court order remanding a case to state court for lack of subject matter jurisdiction. Concluding that the limited exceptions to the congressional...
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