Jun. 23, 2015
Congress, judges diverge on remand review
Congress has barred review of remand orders, but many federal judges seem to feel differently.
Peder K. Batalden
Partner
Horvitz & Levy LLP
Appellate Law
Email: pbatalden@horvitzlevy.com
Peder handles 9th Circuit appeals in a wide variety of cases.
Lawyers take for granted that there will be an opportunity for appellate review - at least eventually. If a federal district court's pretrial ruling is not appealable immediately, it may be reviewed later on appeal from a final judgment. But Congress controls the scope of federal appellate jurisdiction, and Congress has discretion to eliminate appellate review for particular categories of orders.
Congress has exercised that control w...For only $95 a month (the price of 2 article purchases)
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