11th Cir. Dismisses Appeal of Remand Order for Lack of Jurisdiction

ATLANTA — A federal appeals court has dismissed the appeal of an order remanding an employment case and denying arbitration, ruling that it lacks jurisdiction over remand orders that are based on lack of subject matter jurisdiction.

On Aug. 22, an 11th Circuit U.S. Court of Appeals majority noted that 28 U.S.C. § 1447(d) also generally bars review of determinations related to a remand based on a lack of jurisdiction, because upon determining a lack of jurisdiction, the district court “has no jurisdiction to touch the case on the merits.”

Erikson Harrisson, a former employee of NCL (Bahamas) Ltd., was …