Tag Archives: de novo

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

Concurring Judge Suggests That Seventh Circuit Reconsider De Novo Review of Orders Denying Arbitration

In Al-Nahhas v 777 Partners LLC, No. 23-2723 (7th Cir. Feb. 19, 2025), the Seventh Circuit affirms a district court order denying arbitration on account of waiver. One concurring judge, though, suggests that the de novo standard of review of such orders – the law of the circuit for over three decades – may beContinue reading “Concurring Judge Suggests That Seventh Circuit Reconsider De Novo Review of Orders Denying Arbitration”