426 F. App'x 265
5th Cir.2011Background
- ATDA appeals a district court remand order entered July 6, 2010.
- The central issue is whether the remand order is a final decision under 28 U.S.C. §1291.
- The district court remanded for further proceedings to the National Railway Adjustment Board rather than for new arbitration.
- The Board previously awarded that BNSF could not recover damages for the strike; the district court vacated that award and remanded.
- The district court indicated that, if a breach is shown, BNSF could have a remedy for breach under the RLA and the CBA.
- This court lacks jurisdiction to review the appeal; the remand order is generally nonfinal, and ATDA’s challenge is dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the July 6, 2010 remand order final under §1291? | ATDA contends the order is appealable as final. | Remand orders are generally nonfinal; district court remands to an agency for further proceedings. | No; remand order not final under §1291; appeal dismissed. |
| Does the collateral order doctrine make the remand order immediately appealable? | ATDA seeks immediate appellate review under collateral-order principles. | Remand does not meet collateral-order elements and rights could be reviewed on later appeal. | Not satisfied; collateral-order review not available. |
Key Cases Cited
- Catlin v. United States, 324 F.2d 229 (1945) (finality test: ends litigation on the merits)
- Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (1993) (collateral-order doctrine framework)
- Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978) (collateral order doctrine prerequisites)
- Digital Equip. Corp. v. Desktop Direct, 511 U.S. 863 (1994) (three-prong collateral order test)
- Mem'l Hosp. Sys. v. Heckler, 769 F.2d 1043 (5th Cir. 1985) (administrative remand generally nonfinal)
- United Steelworkers of Am. Local 1913 v. Union R.R. Co., 648 F.2d 905 (3d Cir. 1981) (remands to consider additional evidence are nonfinal)
- Transp.-Commc’n Div.-Bhd. of Ry., Airline & S.S. Clerks v. St. Louis-S.F. Ry. Co., 419 F.2d 933 (8th Cir. 1969) (remand to consider additional contracts not appealable)
- Bhd. of Locomotive Eng’rs & Trainmen v. Union R.R. Co., 391 F. App’x 182 (3d Cir. 2010) (remand order nonfinal where no issue would be unreviewable on later appeal)
- United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29 (1988) (deferential review of arbitrators' remedies; scope of authority)