context: We examine only whether the remand order is color-ably characterized as based on lack of unanimity, not whether lack of unanimity was colorably established. In so doing, we follow our own precedent in Moody as well as that of other circuits.
citation_a.signal: see
citation_a.identifier: 652 F.3d 767, 775-76
citation_a.parenthetical: concluding that colorability exists when "the district judge's ground for dismissal was indeed absence of subject-matter jurisdiction, no matter how great a mistake the judge had made in thinking so," and further observing that "it usually is easier to determine what the district court's ... ground for dismissing a case was than whether it was not merely an erroneous ground but a frivolous one"
citation_a.sentence: See Townsquare Media, Inc. v. Brill, 652 F.3d 767, 775-76 (7th Cir.2011) (concluding that colorability exists when “the district judge’s ground for dismissal was indeed absence of subject-matter jurisdiction, no matter how great a mistake the judge had made in thinking so,” and further observing that “it usually is easier to determine what the district court’s ... ground for dismissing a case was than whether it was not merely an erroneous ground but a frivolous one”); Price v. J & H Marsh & McLennan, Inc., 493 F.3d 55, 61 (2d Cir.2007) (“Regardless of whether the subject matter jurisdiction determination was correct on the merits ... the District Court’s characterization of its remand order as being based on a lack of subject matter jurisdiction was certainly ‘colorable.’ ”); cf. Kircher v. Putnam Funds Trust, 547 U.S. 633, 641, 126 S.Ct. 2145, 165 L.Ed.2d 92 (2006) (noting that “even if it is permissible to look beyond the court’s own label” in order to identify the basis of a remand order, the adequacy of that basis is not reviewable).
citation_b.signal: cf.
citation_b.parenthetical: noting that "even if it is permissible to look beyond the court's own label" in order to identify the basis of a remand order, the adequacy of that basis is not reviewable
citation_b.sentence: See Townsquare Media, Inc. v. Brill, 652 F.3d 767, 775-76 (7th Cir.2011) (concluding that colorability exists when “the district judge’s ground for dismissal was indeed absence of subject-matter jurisdiction, no matter how great a mistake the judge had made in thinking so,” and further observing that “it usually is easier to determine what the district court’s ... ground for dismissing a case was than whether it was not merely an erroneous ground but a frivolous one”); Price v. J & H Marsh & McLennan, Inc., 493 F.3d 55, 61 (2d Cir.2007) (“Regardless of whether the subject matter jurisdiction determination was correct on the merits ... the District Court’s characterization of its remand order as being based on a lack of subject matter jurisdiction was certainly ‘colorable.’ ”); cf. Kircher v. Putnam Funds Trust, 547 U.S. 633, 641, 126 S.Ct. 2145, 165 L.Ed.2d 92 (2006) (noting that “even if it is permissible to look beyond the court’s own label” in order to identify the basis of a remand order, the adequacy of that basis is not reviewable).