Appeal of Arbitrability Does Not Impose Automatic Stay on Merits, 5th Circuit Rules



DOCUMENTS
  • Opinion


NEW ORLEANS - An appeal from a denial of a motion to compel arbitration does not divest a district court of jurisdiction to proceed to the merits, the 5th Circuit U.S. Court of Appeals has ruled. Weingarten Realty Investors v. Miller, No. 11-20676 (5th Cir.).

In a Nov. 1 opinion, the Fifth Circuit U.S. Court of Appeals reasoned that an appeal of a denial of a motion to compel arbitration does not involve the merits of the claims pending in the district court; therefore an automatic stay is not warranted.

Weingarten Realty Investors and Miller Sheriden LLC created a joint …






UPCOMING CONFERENCES




HarrisMartin's Masters of Mass Tort Settlements Conference - Sponsored by Milestone

June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo

MORE DETAILS



HarrisMartin's Webinar Series: Video Game Addiction Product Liability Litigation

March 29, 2024

MORE DETAILS