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Law Practice

Apr. 20, 2013

Your opponent appeals an order to arbitrate: Can he do that?

After winning a motion to compel arbitration, you call opposing counsel and discover he intends to immediately appeal the ruling, thereby delaying the ordered arbitration. Can he do that? By Simon Goodfellow


By Simon R. Goodfellow


Picture this: Your client is the defendant in a purported class action, but the plaintiff signed an arbitration agreement that includes a class waiver. You file a motion to compel arbitration on an individual basis. You win, based in part on the Supreme Court's holding in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) - a significant victory for your client. Many hours of work were spent on the motion, and the attorn...

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