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
https://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