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· 9/5/2013

Joseph Agostini v. Piper Aircraft Corp

Citations

  • 729 F.3d 350
  • 2013 U.S. App. LEXIS 18457
  • 2013 WL 4751333

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that 28 U.S.C. § 1447(d) bars appellate review of order denying reconsideration of remand order, because “it is impossible to disaggregate the order denying reconsideration from the remand order itself”
  • noting that “reversing the District Court’s denial of the motion for reconsideration would subvert the District Court’s remand order”
  • regarding as a “self-evident principle” that “if we do not have jurisdiction to review a remand order itself, we cannot have jurisdiction to review a motion to reconsider a remand order”
  • “At the moment of mailing—the jurisdictional event—the remand order became unreviewable ‘on appeal or otherwise.’”
  • “At the moment of mailing the jurisdictional event—the remand order became unreviewable ‘on appeal or otherwise.’”
  • “A district court loses jurisdiction over a case once it has completed the remand by sending a certified copy of the remand order to state court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Chagares, Scirica

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.