The #2dCir said it did not need to address appellate jurisdiction (specifically, the appealability of PREP Act-immunity denials) when the district court lacks subject-matter jurisdiction.
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https://finaldecisions.org/skipping-appellate-jurisdiction-to-address-subject-matter-jurisdiction
Final DecisionsSkipping Appellate Jurisdiction to Address Subject-Matter Jurisdiction - Final DecisionsThe Second Circuit assumed that it had jurisdiction over an interlocutory appeal and held that the district court lacked subject-matter jurisdiction.