Third Circuit Holds Motion For Reconsideration Does Not Avoid Prohibition Of Appellate Remand Orders

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.

The plaintiffs filed state law claims for wrongful death in the Court of Common Pleas of Philadelphia County. The case was removed to the U.S. District Court for the Eastern District of Pennsylvania on the basis of diversity of citizenship jurisdiction. Arguing that there was not complete