4th Circ. Says Miner's Reinstatement Can't Be Appealed

Law360, New York (January 28, 2014, 1:37 PM EST) -- An interlocutory order must have a serious, irreparable impact for it to be appealable under the collateral order doctrine, the Fourth Circuit said Monday in denying a coal mine operator's petition for review of a fired miner's temporary reinstatement.

In a published 2-1 decision, a three-judge panel said it lacked jurisdiction to consider Cobra Natural Resources LLC's appeal of U.S. mine safety regulators' order to reinstate an alleged whistleblower while they considered his retaliation case, saying the stakes were not high enough for it to intervene....
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