Bryan LammonMar 24, 2023

The #2dCir tackled a series of remand-appeal issues, including whether §1447(d)’s bar on appeals applies to §1447(e) remands and whether an appellate court can inquire into the true grounds for a remand.
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https://finaldecisions.org/appealing-§-1447e-remands-genuine-otherwise

Appealing § 1447(e) Remands, Genuine & Otherwise - Final Decisions

The Second Circuit tackled a series of issues concerning remand appeals, including whether § 1447(d)’s bar on appeals applies to § 1447(e) remands and whether an appellate court can inquire into the true grounds for a remand.

Final Decisions
Bryan LammonMar 7, 2023

The #2dCir said it did not need to address appellate jurisdiction (specifically, the appealability of PREP Act-immunity denials) when the district court lacks subject-matter jurisdiction.

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https://finaldecisions.org/skipping-appellate-jurisdiction-to-address-subject-matter-jurisdiction

Skipping Appellate Jurisdiction to Address Subject-Matter Jurisdiction - Final Decisions

The Second Circuit assumed that it had jurisdiction over an interlocutory appeal and held that the district court lacked subject-matter jurisdiction.

Final Decisions