Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction?

MultiRegion, United States of America

The following excerpt is from Merritt v. Shuttle, Inc., 187 F.3d 263 (2nd Cir. 1998):

We pause only to explain that in examining this issue we do not run afoul of the boundaries of our appellate jurisdiction articulated in Swint v. Chambers County Comm'n, 514 U.S. 35 (1995). Swint announced the general rule that when a federal appellate court reviews an order that is entitled to interlocutory review, the court may not at that time also review unrelated questions that are not themselves independently entitled to expedited consideration. see id. at 51. Because non-immunity based motions to dismiss for want of subject matter jurisdiction are not ordinarily entitled to interlocutory review, see Catlin v. United States, 324 U.S. 229, 236 (1945), there is no independent basis for appellate jurisdiction over the district court's order denying the defendants' motion to dismiss for lack of subject matter jurisdiction. Indeed, perhaps aware of that limitation, none of the defendants appealed from that order. We nonetheless reach the subject matter jurisdiction issue of our own accord, however, and believe that in doing so we stay within the boundaries established in Swint.

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