Joseph Agostini v. Piper Aircraft Corp
2013 U.S. App. LEXIS 18457
| 3rd Cir. | 2013Background
- Remand to state court for lack of subject-matter jurisdiction was granted on Feb. 29, 2012; certified copy mailed to state court on Mar. 20, 2012; AVCO moved for reconsideration arguing remand relied on unsourced materials and improper record; district court denied reconsideration on Mar. 15, 2012; Lycoming defendants appeal the denial; 28 U.S.C. § 1447(d) bars review of remand orders; issue is whether the denial of a motion to reconsider remand is reviewable.
- The district court initially had jurisdiction to rule on reconsideration because the remand order had not yet been mailed to state court.
- Under § 1447(c), mailing of a certified remand copy to state court transfers jurisdiction from the district court to the state court, making remand orders unreviewable; here mailing occurred after reconsideration denial, affecting jurisdiction.
- Court concludes it lacks appellate jurisdiction to review the denial of the motion to reconsider a remand order, and grants the appeal’s dismissal.
- Plaintiffs sought costs and Rule 38 relief; court denies such relief but taxes costs against Lycoming defendants under Rule 39.
- Overall holding: affirming dismissal of the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review denial of motion to reconsider remand | Lycoming argues review is possible for the reconsideration denial | Plaintiffs contended remand order collateral review exception applies | No jurisdiction to review the denial of reconsideration |
| Whether the district court’s denial of reconsideration could be reviewed despite § 1447(d) | Review should be allowed to prevent error in remand | Remand orders based on lack of jurisdiction are unreviewable | Not reviewable; § 1447(d) bars review of reconsideration denial as part of remand |
| When jurisdiction transfers in remand proceedings under § 1447(c) | Transfer occurs at the district court's mailing to state court | Transfer occurs earlier or later? | Jurisdiction transfers upon mailing; after mailing, remand order unreviewable |
Key Cases Cited
- Quackenbush v. Allstate Ins. Co., 517 U.S. 706 (1996) (remands based on lack of subject-matter jurisdiction are immune from review under § 1447(d))
- Hudson United Bank v. LiTenda Mortg. Corp., 142 F.3d 151 (3d Cir. 1998) (collateral review principles for remand-related decisions)
- Mints v. Education Testing Servs., 99 F.3d 1253 (3d Cir. 1996) (collateral issues after remand may be reviewable; fees example)
- City of Waco v. United States Fidelity and Guar. Co., 293 U.S. 140 (1934) (remand context; distinctions on reviewability post-remand)
- Trans Penn Wax Corp. v. McCandless, 50 F.3d 217 (3d Cir. 1995) (remand-related jurisdictional rule distinctions)
- Palmer v. City Nat’l Bank of West Va., 498 F.3d 236 (4th Cir. 2007) (Waco exception requires disaggregable, substantive effect; not met here)