(Download) "Kreider Dairy Farms, Inc. v. Glickman" by Third Circuit U.S. Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Kreider Dairy Farms, Inc. v. Glickman
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 27, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
ARGUED: June 9, 1999 OPINION OF THE COURT These appeals implicate important issues related to our appellate jurisdiction in the context of a dispute over dairy regulations. Specifically, we must determine the extent to which our jurisdiction extends to District Court orders remanding for further factual findings in administrative proceedings in light of Forney v. Apfel, 524 U.S. 266, 118 S. Ct. 1984 (1998). We hold today that because the Discussion on appellate jurisdiction in Forney is founded upon specific language located within the Social Security Act, the holding in Forney does not extend to all District Court orders remanding for further administrative proceedings. We also reaffirm our longstanding rule that we lack jurisdiction over District Court orders remanding for further administrative findings unless an important legal issue has been finally determined which would evade appellate review in the absence of an immediate appeal. Applying these principles to the appeals before us, we find that we lack jurisdiction over the appealfiled by Kreider Dairy Farm, Inc. (""Kreider"") in 1998 from a 1996 District Court order which remanded for further factual findings relating to the merits of the dairy dispute. Accordingly, we will dismiss Kreider's appeal (No. 98-1982) for lack of jurisdiction. Under these same principles, however, we find that we do have appellate jurisdiction over the timely appeal filed by the Secretary of the United States Department of Agriculture (""USDA"") from the District Court's August 10, 1998 order reversing a USDA determination that Kreider's administrative appeal on remand was untimely (No. 98-1906) and remanding for further administrative proceedings on the merits.