Connolly v. H.D. Goodall Hospital, No. 05-1392, is really a 1983 case, but because the plaintiff did a very bad job litigating it, the First doesn’t address the merits, but instead makes a couple of points about jurisdiction. In this case, the District Court attempted to vacate a remand to the state court, and if it did have the power to vacate the remand, “...did the court's actions render non-final its remand order and convert the present proceedings into an unauthorized interlocutory appeal over which we would lack jurisdiction?” Answer:
If the district court lacked the power to vacate its remand (a matter that has not been adequately briefed and that we will not decide), there is no jurisdictional problem because no live claims remain pending in federal court. But if the court had the power to vacate the remand, it is clear to us that the court did not intend to revisit the merits of its judgment that the supplemental state claims ought to be remanded. Rather, the court intended only to undo the execution of the remand so as to avoid the duplicative litigation issue we have noted.... In these circumstances, the remand order, although not yet executed, remains final.
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