Second Circuit - Motion to quash: American Plan Administrators v. S. Broward Hospital District

Daily Record Staff//September 8, 2022//

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United States Court of Appeals for the Second Circuit

Motion to quash

Transfer order – Appealable

American Plan Administrators v. S. Broward Hospital District

22-37-cv

Judges Pooler, Lohier, and Nardini

Background: At issue is whether an order transferring a motion to quash a third-party subpoena to the court that issued the subpoena is immediately appealable under the collateral order doctrine or is instead a non-final order that may be effectively reviewed after final judgment.

Ruling: The Second Circuit dismissed the appeal. The court held that Federal Rule of Civil Procedure 45(f) transfer order is non-final and not immediately appealable under the collateral order doctrine because it may be effectively reviewed by the transferee circuit after final judgment.

Joseph S. Hubicki for the petitioner-appellant; Tal J. Lifshitz and Eric S. Kay, of Kozyak Tropin & Throckmorton, for the respondent-appellee.