News & Analysis as of

Coinbase Inc v Bielski

Fox Rothschild LLP

U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between...

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In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more

Proskauer - Blockchain and the Law

Enforceable Terms and Arbitration Provisions Important for Providers in Current Crypto Cyberthreat Environment

According to a recent Bloomberg Law article [subscription required], in the past year there has been a sharp decline in active civil suits against cryptocurrency exchanges, digital wallet, mobile phone providers and others...more

Carlton Fields

Ninth Circuit Reverses Order Denying Motion to Compel Arbitration, Concluding “Delegation Provision” Is Enforceable

Carlton Fields on

Noting the court was deciding, as a matter of first impression, “what a party must do to specifically challenge a delegation provision and what a court may consider when evaluating this challenge,” the Ninth Circuit Court of...more

Fuerst Ittleman David & Joseph

Arbitration in Action: When Challenging an Arbitration Agreement’s Delegation Clause, Do So Specifically—and Challenge the Right...

Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the...more

Proskauer - California Employment Law

Courts Are Overwhelmingly Staying Non-Individual Claims When Compelling Individual PAGA Claims to Arbitration

As we wrote previously, last summer’s blockbuster decision in Adolph v. Uber Technologies, Inc., 14 Cal. 5th 1104 (2023) contained a notable silver lining. In ruling that a Private Attorneys General Act (“PAGA”) plaintiff’s...more

Foley & Lardner LLP

Enforcing Arbitration Delegation in the Ninth Circuit

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On December 5, 2023, the Ninth Circuit in Bielski, et al. v. Coinbase, Inc., No. 22-15566 (9th Cir. 2023) concluded that federal courts can look to the parties’ agreement as a whole when determining whether the delegation...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 7 "No Automatic Stay Any Further While Pushing for Arbitration"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the seventh day of the holidays, my labor and employment...more

Sheppard Mullin Richter & Hampton LLP

New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration

On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more

Ballard Spahr LLP

California ends automatic stays of litigation when orders denying motions to compel arbitration are appealed

Ballard Spahr LLP on

Currently, California trial court proceedings are automatically stayed when a party appeals an order denying a motion to compel arbitration.  However, on October 10, 2023, Governor Newsom signed California Senate Bill No. 365...more

Fenwick & West LLP

New California Law Limits Stays of Proceedings…

Fenwick & West LLP on

On October 10, 2023, California Gov. Gavin Newsom signed CA Senate Bill 365 (SB 365), set to go into effect in 2024. This bill gives state court judges the discretion to move forward with litigation in trial court while an...more

Carlton Fields

SCOTUS Removes Burden Handicapping Appeals Seeking Arbitration

Carlton Fields on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Fox Rothschild LLP

Federal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel Arbitration

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The Supreme Court recently decided in Coinbase, Inc. v. Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1] of a motion to compel arbitration....more

Morrison & Foerster LLP

Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability

In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory...more

Proskauer - California Employment Law

SCOTUS Provides Further Support For Staying PAGA Court Actions Pending Arbitration

With Adolph v. Uber Technologies, Inc. in the books, it is now clear that Private Attorneys General Act (PAGA) plaintiffs do not lose standing to pursue representative claims in court when their individual PAGA claims are...more

Kilpatrick

U.S. Supreme Court rules that interlocutory appeals of denials of motions to compel arbitration automatically stay trial court...

Kilpatrick on

Takeaway: The U.S. Supreme Court recently settled a circuit split by ruling that proceedings in a district court are automatically stayed when a party seeks an interlocutory appeal of a district court’s denial of a motion to...more

Bressler, Amery & Ross, P.C.

U.S. Supreme Court Mandates District Court Stay on Arbitration Appeals

On June 23, 2023, the Supreme Court published a slip opinion decision in Coinbase, Inc. v. Bielski, No. 22-105 (U.S. June 23, 2023), which resolved a circuit split over whether a district court must stay proceedings pending...more

Frantz Ward LLP

The United States Supreme Court – More Partisan or Principled?

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As the United States Supreme Court concluded its most recent term, a flurry of consequential decisions were released.  As is typical, some of the most controversial decisions were released towards the end of the term (which...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

ArentFox Schiff

Emphasizing Efficiency, Supreme Court Requires District Courts To Stay Proceedings During Interlocutory Appeal on Arbitrability

ArentFox Schiff on

In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court. Announcing a new rule, the Court in Coinbase v. Bielski held that when a district...more

BakerHostetler

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

BakerHostetler on

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Eases the Ability for Employers to Appeal Denials of Motions to Compel Arbitration in Federal Court

In Coinbase, Inc. v. Bielski, the Supreme Court of the United States resolved a circuit split over whether district courts must stay proceedings while an interlocutory appeal of a denial of a motion to compel arbitration is...more

Venable LLP

Should I Stay or Should I Go? Supreme Court Gives Arbitrability Appeal Automatic Stay

Venable LLP on

Every day, untold thousands get online to buy goods, book services, or sell something. And almost without fail, they are greeted with a Terms and Conditions pop-up. Then, perhaps the most common human experience of the...more

Foster Garvey PC

Arbitration Gets a Win: Understanding the Supreme Court’s Ruling in Coinbase, Inc. v. Bielski

Foster Garvey PC on

In a landmark ruling, the U.S. Supreme Court recently rendered its decision in Coinbase, Inc. v. Bielski, a case that carries profound implications for staying district court cases during appeals challenging denials of...more

Foley & Lardner LLP

U.S. Supreme Court Rules in Favor of Arbitration Potentially Altering Legal Strategies for Wide Range of Cases

Foley & Lardner LLP on

On June 23, 2023, in Coinbase, Inc. v. Bielski, Justice Kavanaugh authored the opinion of the United States Supreme Court in a 5-4 decision holding that a district court must stay its proceedings in a case pending an...more

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