News & Analysis as of

Section 3

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds that District Courts Must Stay – Not Dismiss – Actions Brought by Parties Subject to Binding Arbitration...

On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, the district court lacks discretion to...more

Perkins Coie

Supreme Court Requires Federal District Courts To Stay Cases Pending Arbitration

Perkins Coie on

On May 16, 2024, in Smith v. Spizzirri, the Supreme Court of the United States resolved a long-standing circuit split that affects motions to compel arbitration in federal court. Specifically, the Court answered whether...more

Vedder Price

Supreme Court Rules that Cases Subject to Arbitration Must Be Stayed

Vedder Price on

On May 16, 2024, the U.S. Supreme Court unanimously held that lawsuits involving an arbitrable dispute must be stayed upon the request of a party. Rather than dismiss the case, section 3 of the Federal Arbitration Act (the...more

FordHarrison

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

FordHarrison on

Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules Trial Courts Must Stay, Not Dismiss, Lawsuits During Arbitration

On May 16, 2024, the United States Supreme Court resolved a circuit split regarding whether Section 3 of the Federal Arbitration Act (“FAA”) provides trial courts the discretion to dismiss a lawsuit when all claims are...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Spizzirri

On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, No. 22-1218, holding that federal courts have no discretion under Section 3 of the Federal Arbitration Act (FAA) to dismiss a case once the court has ruled...more

Troutman Pepper

Supreme Court Rules District Courts Must Issue Stays Pending Arbitration

Troutman Pepper on

Yesterday, the U.S. Supreme Court issued a unanimous decision in Smith v. Spizzirri holding that § 3 of the Federal Arbitration Act (FAA) requires district courts to issue an order staying a federal case pending the outcome...more

Ballard Spahr LLP

SCOTUS: District court must stay, not dismiss, action when compelling arbitration

Ballard Spahr LLP on

The U.S. Supreme Court has held unanimously in Smith v. Spizzirri that when a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceedings pending arbitration,...more

McDermott Will & Emery

Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit affirmed in part a district court’s grant of a stay pending arbitration, finding that as non-parties to the underlying arbitration agreement, defendants could not stay the...more

Carlton Fields

Ninth Circuit Dismisses Interlocutory Appeal Of Order Denying Motion To Stay Under Federal Arbitration Act For Lack Of...

Carlton Fields on

Western Security Bank brought an action in the United States District Court for the District of Montana against certain doctors seeking to enforce commercial loan guaranties. The doctors asserted that a non-party, Meridian...more

Baker Donelson

Immigration Corner: Major E-Verify Changes Proposed

Baker Donelson on

On June 8, 2015 USCIS released the details of proposed major changes to the E-Verify program. The notice, found here, proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015....more

Ballard Spahr LLP

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

Ballard Spahr LLP on

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

Ballard Spahr LLP

HUD publishes update to Section 3 regulation in the Federal Register

Ballard Spahr LLP on

As an update to our blog of last week, HUD published a new notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act of 1968 (Section...more

Ballard Spahr LLP

HUD Issues Notice to Update Section 3 Regulations

Ballard Spahr LLP on

The U.S. Department of Housing and Urban Development (HUD) recently published a notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development...more

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