Litigation & Arbitration
Oct. 26, 2022
Staying litigation while an order denying arbitration is appealed
The United States Supreme Court may soon decide whether appeals from orders denying arbitration automatically stay litigation, or whether district courts have discretion to allow cases to proceed while such appeals are pending.
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
Patrick Burns
Partner
Hanson Bridgett LLP
Email: pburns@hansonbridgett.com
Patrick is a partner in the firm's Appellate Practice. Patrick focuses on writs and appeals, as well as law and motion in the state and federal courts. A former litigator at a global law firm, Patrick has experience litigating high-stakes disputes. He can be reached at pburns@hansonbridgett.com and his blog posts can be read at www.appellateinsight.com.
The Federal Arbitration Act (FAA) allows interlocutory appeals of orders denying a motion to compel arbitration. But while such an order is being appealed, what happens to the litigation in the district court? Can the case continue, or must the parties wait until resolution of the appeal?
The circuits are split regarding whether appeals from orders denying arbitration automatically stay litigation, or whether district courts have discretion...
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