News & Analysis as of

Arbitration Agreements Interlocutory Appeals

Proskauer - California Employment Law

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal

Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more

Carlton Fields

SCOTUS Removes Burden Handicapping Appeals Seeking Arbitration

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The U.S. Supreme Court’s June 2023 decision in Coinbase Inc. v. Bielski requires that district court litigation in any matter remain in the starting gate while any appeal from a denial of a motion to compel arbitration in...more

BakerHostetler

Supreme Court Holds That a Case Should Be Stayed Automatically When a Party Appeals a Decision Not To Arbitrate It

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While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For...more

Akerman LLP - HR Defense

The Supreme Court Delivers a Win for Employers Seeking a Stay in Appeals Involving Arbitration

In a significant win for employers, the United States Supreme Court has ruled that the Federal Arbitration Act (FAA) requires an automatic stay of the case at the trial court level whenever a party appeals the trial judge’s...more

Seyfarth Shaw LLP

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

Seyfarth Shaw LLP on

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more

FordHarrison

Supreme Court Requires Stay of Litigation Pending Appeal of a Denial of a Motion to Compel Arbitration

FordHarrison on

Executive Summary: On June 23, 2023, in a 5-4 decision, the U.S. Supreme Court held that district courts (i.e. federal trial courts) must stay pre-trial and trial proceedings while an appeal of a decision denying a motion to...more

Jackson Lewis P.C.

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

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The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

Bradley Arant Boult Cummings LLP

Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal

Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand...more

Carlton Fields

SCOTUS Interprets FAA to Impose Mandatory Stay of Proceedings in District Courts Pending Interlocutory Appeal From Denial of...

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In a 5–4 decision issued June 23, 2023, in Coinbase Inc. v. Bielski, the U.S. Supreme Court resolved a circuit split over whether trial courts have the discretion to stay proceedings pending interlocutory appeal from a denial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Jackson Lewis P.C.

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

Jackson Lewis P.C. on

The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

Morrison & Foerster LLP

Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals

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The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration...more

Carlton Fields

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

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The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

Butler Snow LLP

What’s Good for the Goose May Not Be for the Gander.

Butler Snow LLP on

Tennessee Rule of Appellate Procedure 13(a) provides that “any question of law may be brought up for review and relief by any party.” Well, not always. In Melo Enterprises, LLC, et al. v. D1 Sports Holdings, LLC, Case No....more

Carlton Fields

District Court Finds that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is Not Preempted By State...

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A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension created by Louisiana law barring compulsory arbitration provisions in...more

Carlton Fields

Fifth Circuit Affirms Waiver Of Arbitration Where Plaintiff First Sought To Compel Arbitration After Removal To Federal Court

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This case concerned a business dispute between two physicians. Despite the arbitration clause contained in their agreement, Dr. Raju sued Dr. Murphy in state court....more

Carlton Fields

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

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This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

Carlton Fields

Court Denies MF Global Holdings’ Bid To Appeal Bankruptcy Court Order Compelling Arbitration

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On October 30, 2017 the Southern District of New York rejected MF Global Holdings’ (“MF Global”) latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute with...more

Carlton Fields

Question Certified To Second Circuit: Does The Court Or The Arbitrator Decide Whether An Arbitration Agreement Permits Class...

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In the Second Circuit, as in other jurisdictions, only exceptional circumstances will justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment. A New York federal...more

BakerHostetler

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

BakerHostetler on

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

Spilman Thomas & Battle, PLLC

Recent Decisions Enforcing Arbitration Provisions

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

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