Tuesday, June 2, 2009

Reviewing Remand Orders

Justice Scalia once asked a brilliant question: "How can that be? How can a statute explicitly eliminating appellate jurisdiction to review a remand order not 'control' whether an appellate court has jurisdiction to review a remand order?"  His question reflects the confused state of the law regarding the reviewability of remand orders, which is the topic of Drug and Device Law today. --RR

http://lawprofessors.typepad.com/civpro/2009/06/justice-scalia-once-asked-a-brilliant-question-how-can-that-be-how-can-a-statute-explicitly-eliminating-appellate--jurisdic.html

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