Special Coverage
Aug. 30, 2016
Does a deferral effectively deny a motion to compel?
What happens when a district court defers ruling on a motion to compel until after discovery and a trial have been conducted on a merits issue related to arbitrability? Can the deferral be appealed on the ground it "effectively" denies the motion to compel? By James C. Martin and Kasey J. Curtis
James C. Martin
Partner
Reed Smith LLP
Phone: (213) 457-8002
Email: jcmartin@reedsmith.com
James is in the firm's Appellate Group, resident in the Los Angeles and Pittsburgh offices. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.
The Federal Arbitration Act (FAA) makes the denial of a motion to compel arbitration immediately appealable. One reason for allowing an immediate appeal is the benefits of arbitration may be lost if the merits are extensively litigated before arbitrability is determined. The potential for a reversal after judgment also threatens the waste of public and private resources by having to invest in two dispute re...
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