Powers v. Receivables Performance Management, LLC

Summary

The First Circuit dismissed an appeal for lack of appellate jurisdiction, holding that a district court's denial of a motion to compel arbitration, treated as a reconsideration of a pre-removal state court order under 28 U.S.C. § 1450, is not a final appealable order absent newly available evidence or law. The court did not reach the merits of whether a nonsignatory debt collector could enforce an arbitration agreement under the Massachusetts standard set forth in *Landry v. Transworld Systems Inc.*, 149 N.E.3d 781 (Mass. 2020). The underlying putative class action alleged violations of the Massachusetts Consumer Protection Act and debt collection regulations.

Holdings

1. The order is not a final decision and does not fall within an exception for interlocutory review. Therefore, the court lacks appellate jurisdiction and the appeal is dismissed.

Questions Presented

1. Whether the district court's denial of a motion to compel arbitration, treated as a motion for reconsideration of a state court order, is a final appealable order.

Disposition

dismissed