The Supreme Court has granted certiorari in Hain Celestial Group, Inc. v. Palmquist to determine whether a final order issued by a federal court may stand if an appellate court later determines the district court erred in dismissing a nondiverse defendant and denying a motion to remand.

In what appears to be the first case to consider the issue, an Eastern District of Missouri court recently rejected the argument that the Supreme Court’s Loper Bright Enterprises v. Raimondo decision overruling Chevron deference undermines the basis for express preemption in medical device cases.