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.

Bankruptcy Filing Extends Time For Filing Notice Of Appeal

A motions panel of the Second Circuit has denied a motion to dismiss as untimely an appeal that a debtor filed more than 30 days after the entry of judgment. In Local Union No. 38 v. Custom Air Sys., Inc., 333 F.3d 345 (2d Cir. June 24, 2003), the Second Circuit adopted the reasoning of the only other appellate decision on point, Autoskill, Inc. v. National Educ. Support Sys., Inc., 994 F.2d 1476 (10th Cir. 1993). The court held that if a party wishing to appeal from an adverse judgment files for bankruptcy before the 30-day period under Fed.R.App.P. 4(a) expires, Bankruptcy Code §108(b) gives the trustee or debtor in possession an additional 60 days in which to file the notice of appeal.