A paper written by Baylor Law School faculty members Rory Ryan, Luke Meier and Jeremy Counseller recently was listed in the SSRN Top 10 download list for the Federal Courts & Jurisdiction eJournal. "Interlocutory Review of Orders Denying Remand Motions" will be published later this year in the Baylor Law Review. The paper can be found at papers.ssrn.com/abstract=1920504.
The paper addresses the question of when can an appellate court review a district court's denial of a remand motion before a final judgment.
"Surprisingly little has been written on this topic, especially compared to how much has been written on the review of a district court's grant of a remand motion," the professors write. "But recent developments in the Fifth Circuit, including a case in which we participated as amicus, provide a fine case study for addressing these questions. Our goal here is to guide judges and lawyers in answering the opening question."