It was an out and out bug. I was not being held. Just that he left the area and I was still stuck in combat with him, unable to flee. That meant that when he healed up and came back, I was unable to get first attack.

It was in an area where you wouldn't wait for people to go. It only involved immolating me and then nova'ing me, with him running off in between but me still being stuck in battle with him until he came back afterwards.