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Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336 (1976), was a case in which the United States Supreme Court held that a United States District Court may not decline jurisdiction over a case that has properly been removed to it from state court on the ground that the court is backlogged with other cases, and that a District Court's refusal to hear a case on this ground may be reviewed by a writ of mandamus. ==Facts== In 1973, two Kentucky citizens sued an Indiana corporation and one of its employees for damages caused by an automobile accident. The suit was initially filed in Kentucky state court, but because the parties were from different states, the defendants removed the case to a federal court, the United States District Court for the Eastern District of Kentucky, based on diversity jurisdiction. The case was assigned to District Judge H. David Hermansdorfer. It was undisputed that the federal court had diversity jurisdiction over the action and that it had been properly removed to federal court under 28 U.S.C. §§ 1441 and 1446. However, Judge Hermansdorfer declined to entertain the case. He stated that his court was inundated with cases under the Black Lung Act, and that given the statutory priority accorded to criminal cases and Social Security and Black Lung cases, he would not be able to hear the case in a timely fashion. Finding that plaintiffs' rights would be impaired by a long delay in federal court and that defendants would not be prejudiced by having the case heard in state court, Judge Hermansdorfer remanded the case to state court. The defendants filed a petition for a writ of mandamus or of prohibition in the United States Court of Appeals for the Sixth Circuit, directing the District Court to vacate its order and retain the case. The Sixth Circuit dismissed the petition, relying on 28 U.S.C. § 1447(d), which provides that with one inapplicable exception, "()n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." The defendants then sought review by the Supreme Court, which granted certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Thermtron Products, Inc. v. Hermansdorfer」の詳細全文を読む スポンサード リンク
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