United States v. Louisiana-Pacific Corporation

The United States (hereinafter “FTC”) appeals from the district court’s order granting Louisiana Pacific’s (“LP”) motion for remand to the Federal Trade Commission. In granting the motion to remand, the district court ordered the FTC to reopen a consent order to consider whether and how it should be modified, altered, or set aside, 654 F.Supp. 962 . In its appeal, the FTC contends that the district court incorrectly construed 15 U.S.C. § 45 (b) in finding that LP had made a satisfactory showing of changed conditions of law or fact. We dismiss FTC's appeal for lack of appellate jurisdiction and do not reach the merits.

Ordinarily, a remand order is not appealable. Eluska v. Andrus, 587 F.2d 996, 999 (9th Cir.1978). Under the collateral order doctrine, interlocutory appeals are allowed if taken from final orders that are separable from and collateral to the merits of the action. Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 , 69 S.Ct. 1221, 1225-26 , 93 L.Ed. 1528 (1949). To come within the collateral order doctrine, the order appealed from must (1) conclusively determine the disputed question; (2) resolve an important issue separate from the merits; and (3) be…