Third Circuit Dismisses Appeal Seeking Review of Order Denying Remand

PHILADELPHIA - The Third Circuit Court of Appeal refused to review an order denying the remand of a case involving nearly 50 plaintiffs who opted out of the Nationwide Class Action Settlement Agreement. The court said it lacked jurisdiction to entertain the appeal. In re: Diet Drugs Litigation, No. 02-3529 (3rd Cir.).

The appellate court's Feb. 24 non-precedential ruling found that reviewing the order was not justified under the collateral order doctrine, and that issuing a writ of mandamus was not warranted because the appellants still have means of adjudicating their case.

On June 5, 2001, 48 intermediate opt-outs …