Blog

Seventh Circuit Cleans Up Intra-Circuit Split of Authority on Standard of Appellate Review of Orders Denying Arbitration

In Moore v Club Exploria, LLC, No. 25-2721 (7th Cir. Aug. 18, 2026), the Seventh Circuit grapples with a divide in the case law about whether district court orders denying arbitration are reviewed deferentially or de novo. The court concludes that clear-error review applies unless the reviewing the order “requires us to elaborate on this…

pwmollica1961's avatar by pwmollica1961

Discovery Order Related to an Immunity Defense Was Not a Collateral Order Subject to an Interlocutory Appeal, Holds D.C. Circuit

The D.C. Circuit holds in Rodriguez v. Pan American Health Org., 24-7135 (D.C. Aug. 14, 2026), that while an interlocutory right of appeal arises from denial of immunity under the International Organizations Immunities Act (IOIA) under the collateral-order doctrine, there is no corresponding right of appeal for a defendant from an order allowing jurisdictional discovery.…

pwmollica1961's avatar by pwmollica1961

Fifth and Ninth Circuits Reject Novel Applications of the Collateral-Order Doctrine to Review District Court Orders Concerning Civil Immunity of Defendants

It’s collateral-order-doctrine week in the U.S. Courts of Appeals, with two courts issuing opinions that dismiss interlocutory appeals of orders ruling on claims of immunity from civil litigation. Both appeals are dismissed on the ground that the immunity at issue in each case is, if anything, a mere defense against liability rather than a true…

pwmollica1961's avatar by pwmollica1961

Archives:

Follow My Blog

Get new content delivered directly to your inbox.