Third Circuit Adopts New Standard for Appealability of Remand Orders

, The Legal Intelligencer


When a federal district court remands a case to the state court from which the case was removed, a party typically is not permitted to appeal the district court's remand order. Recently, however, in Reifer v. Westport Insurance, No. 12-533 (3d Cir. April 29, 2014), the U.S. Court of Appeals for the Third Circuit established a new exception to the standard rule precluding the appealability of remand orders. The court also took the opportunity to clarify several open issues in the jurisprudence surrounding a district court's decision to decline to exercise jurisdiction under the Declaratory Judgment Act. Practitioners within the Third Circuit would be well advised to become familiar with the contours of this sweeping decision and its illumination of this area of law.

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