Agostini v. Piper Aircraft Corp., No. 12-2098 (3d Cir. 2013)
Annotate this CaseA 2010 airplane crash in West Palm Beach resulted in the death of the pilot and three passengers. The estates filed suit in state court; the defendants removed the case to federal court. The district court granted plaintiffs’ motion to remand the matter to Pennsylvania, finding that one defendant is a citizen of Pennsylvania, and not diverse from all plaintiffs. Defendants claim that the remand was based on unsubstantiated argument, unauthenticated documents, and facts outside the record that had not been established by affidavit or testimony. The district court denied a motion to reconsider. The Third Circuit dismissed an appeal. Although the district court had jurisdiction to rule on the motion to reconsider the remand order, the appellate court has no jurisdiction to review its ruling on the motion for reconsideration. The denial of reconsideration was not a collateral matter over which the federal court retained jurisdiction.
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