Third Circuit Holds Motion for Reconsideration Does Not Avoid Prohibition of Appellate Remand Orders

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Not all federal trial court decisions are subject to appellate review. Most decisions to remand a case removed from state court are not reviewable, whether as of right or by extraordinary writ. A recent Third Circuit decision holds that the denial of a motion for reconsideration of a remand order also is not subject to review.

In Agostini v. Piper Aircraft Corp., No. 12-2098, 2013 U.S. App. LEXIS 18457 (3d Cir., Sept. 5, 2013), the Third Circuit explained that a motion for reconsideration of a remand order is not one of a small breed of orders that may be reviewed as collateral to the remand order. Some case history is necessary to understand the holding and its ramifications.

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