Friday, September 6, 2013

Denial of Motion to Reconsider Remand Order Not Appealable

Plaintiffs filed suit in Pennsylvania state court asserting state-law claims arising from a plane crash.  Defendants removed the case to federal district court, asserting diversity jurisdiction.  Plaintiffs moved to remand the case, asserting that one of the defendants was a citizen of Pennsylvania, and therefore not diverse from all plaintiffs.  The district court granted plaintiffs' motion and ordered the case remanded to state court.  One of the defendants moved for reconsideration.  The district court also denied the motion for reconsideration.  Defendants appealed.

The Third Circuit dismissed the appeal for lack of appellate jurisdiction.  28 U.S.C. 1447(d) provides that "[a]n order remanding a case to the State court from which it was removed is not reviewble on appeal or otherwise . . ."  The court noted that the purpose of this provision "is to prevent a party to a state lawsuit from using federal removal provisions and appeals as a tool to introduce substantial delay into a state action."  Allowing an appeal from a denial of a motion to reconsider an order to remand would circumvent this purpose.

The district court itself had jurisdiction to consider the motion to reconsider, however, because "at the time when the District Court considered the motion for reconsideration, a certified copy of the remand order had not yet been mailed from the District Court Clerk to the state court."  Agostini v. Piper Aircraft Corp., No. 12-2098 (3d Cir. Sept. 5, 2013).      

 

http://lawprofessors.typepad.com/civpro/2013/09/denial-of-motion-to-reconsider-remand-order-not-appealable.html

Federal Courts, Recent Decisions, Subject Matter Jurisdiction | Permalink

Comments

Post a comment