Order Remanding Case Not Appealable Regardless Of Whether Erroneous

In Medisys Health Network, Inc. v. Local 348-S United Food & Comm’l Workers, 337 F.3d 119 (2d Cir. July 17, 2003), the Second Circuit explained that once a district court has determined that a matter removed to federal court should be remanded back to the state court, 28 U.S.C. § 1774(c) precludes federal appellate jurisdiction even if the district court erred in its determination of the facts or the law. Any such determinations are not preclusive and can be litigated again in the state court. The court rejected defendant’s claim that the “independent relevance” exception under Waco v. U.S. Fidelity & Guar. Co., 293 U.S. 140 (1934), applied to confer jurisdiction.