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Motion to Dismiss › Stays › Arbitration

Fox Rothschild LLP

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

Fox Rothschild LLP on

In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Davis Wright Tremaine LLP

Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal...

Davis Wright Tremaine LLP on

The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

Carlton Fields on

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Court's Decision to Stay Proceedings Involving Non-Arbitrable Claims Pending the Outcome of an Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more

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