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Text of Third Circuit Opinion: District Court's Order Remanding to Plan Administrator Was Not Appealable (PDF)
U.S. Court of Appeals for the Third Circuit
Aug. 25, 2015 "Santander and Liberty Mutual appealed to this Court, but Stevens moved to dismiss the appeal for lack of jurisdiction, arguing that the District Court's remand order to the plan administrator was not a 'final decision' appealable pursuant to 28 U.S.C. Section 1291 at that time. Before reaching the merits of this appeal, we must determine whether the District Court's remand order is presently final and appealable under Section 1291 or is otherwise appealable. Upon review, we hold that the District Court has retained jurisdiction over the case and that the order from which appellants have appealed is not yet appealable. We therefore will dismiss this appeal for lack of jurisdiction." [Stevens v. Santander Holdings USA Inc. Self Insured Short Term Disability Plan, No. 14-1481 (3d Cir. Aug. 24, 2015)] MORE >> |
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