News & Analysis as of

Federal Arbitration Act Certiorari

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Jackson Lewis P.C.

Resolving Circuit Split, U.S. Supreme Court Says Courts ‘Shall’ Stay Cases Sent to Arbitration

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“Shall” means “shall” in the Federal Arbitration Act (FAA), a unanimous U.S. Supreme Court held in Smith v. Spizzirri, No. 22–1218 (May 16, 2024). The Court explained the language in the FAA providing a court “shall on...more

Fox Rothschild LLP

U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

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The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a federal court suit are subject to arbitration, does...more

McGlinchey Stafford

SCOTUS Unanimous: Order Compelling Arbitration Requires Court to Stay, not Dismiss Case

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On May 16, 2024, the Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the Federal Arbitration Act (FAA), the district court is...more

Fox Rothschild LLP

In Arbitration, Shall Means Shall

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The Supreme Court issued a decision Thursday in a case named Smith, et al. v. Spizzirri, et al., that has significant import for the franchise community. Many, if not the vast majority of, franchise agreements contain clauses...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to...

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The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject to arbitration that has divided the federal appeals courts: when the claims at issue in a federal court suit are subject to arbitration,...more

Troutman Pepper

Supreme Court to Decide Whether District Courts Have the Discretion to Dismiss Cases Subject to Arbitration

Troutman Pepper on

Recently the U.S. Supreme Court granted the petition for certiorari in Smith v. Spizzirri, which presents the question of whether § 3 of the Federal Arbitration Act (FAA) requires district courts to issue a stay pending...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Dorsey & Whitney LLP

The Supreme Court Update - September 29, 2023

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Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more

Katten Muchin Rosenman LLP

Coinbase, Inc. v. Bielski: Interlocutory Appeals on the Question of Arbitrability Automatically Stay District Court Proceedings

On Friday, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability is ongoing. In an opinion...more

ArentFox Schiff

Class Action Year in Review: Supreme Court

ArentFox Schiff on

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.” Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022) US Supreme Court...more

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

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Morrison & Foerster LLP

Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals

Morrison & Foerster LLP on

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

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

Snell & Wilmer on

On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

ArentFox Schiff

The US Supreme Court Limits Federal Courts’ Jurisdiction To Confirm or Vacate Domestic Arbitral Awards Under Sections 9 and 10 of...

ArentFox Schiff on

The US Supreme Court has limited the jurisdiction of federal courts to hear motions to vacate or confirm domestic arbitral awards. In Badgerow v. Walters, the Court considered whether the Federal Arbitration Act (FAA) creates...more

Foley Hoag LLP

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Foley Hoag LLP on

Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more

ArentFox Schiff

Supreme Court Grants Review in Significant Arbitration Case Regarding PAGA 

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The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act ("FAA") requires the enforcement of an arbitration agreement that would require representative...more

Fisher Phillips

“Close the Door!”: U.S. Supreme Court Finally Agrees to Reconsider the Rule Against California PAGA Waivers in Arbitration...

Fisher Phillips on

After repeatedly denying requests to decide the same issue, the U.S. Supreme Court has finally agreed to review the rule prohibiting California Private Attorneys General Act (PAGA) waivers in individual arbitration...more

Proskauer - California Employment Law

Good Tidings for the Holidays! The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more

Benesch

Is the end near? Supreme Court set to rule on whether California’s PAGA law runs afoul of the Federal Arbitration Act

Benesch on

Generally, the Federal Arbitration Act (“FAA”) has routinely been enforced by the balance of the nation’s courts over the years, as it codifies accepted deference to parties’ contracts and agreements and has been held to...more

Dorsey & Whitney LLP

The Supreme Court - December 15, 2021

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Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires...more

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

Supreme Court to Consider FAA Preemption of PAGA Claims

In a much-awaited decision, the Supreme Court of the United States indicated that it would consider whether the Federal Arbitration Act (FAA) preempts California’s rule prohibiting arbitration of Private Attorneys General...more

BakerHostetler

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

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The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (FAA), Sections 9 and 10.  9 U.S.C. §§...more

Fox Rothschild LLP

Update On Badgerow Petition For Certiorari: Supreme Court To Review Standard For Determining Federal Court Jurisdiction Over...

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The Supreme Court has granted certiorari on an issue involving domestic arbitration that has divided the federal courts of appeal (Badgerow v. Walters, Docket No. 20-1143): Do federal courts have subject-matter...more

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