Federal Arbitration Act – Paul Mollica's Federal Courts 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 thisContinue reading “Seventh Circuit Cleans Up Intra-Circuit Split of Authority on Standard of Appellate Review of Orders Denying Arbitration”

In Johnson v. Johnson, No. 24-2058 (6th Cir. Oct. 24, 2025), the Sixth Circuit affirms dismissal of an action to compel arbitration under Section 4 of the Federal Arbitration Act, holding that – under the probate exception – the lower court lacked equitable jurisdiction to interfere with a state in rem proceeding. The decedent “Mrs.Continue reading “Citing the Probate Exception, Sixth Circuit Holds District Court Lacked Equitable Jurisdiction to Compel Arbitration of Action Proceeding In Rem in State Court”

In Wu v. Liu, No. 24-10397 (11th Cir. Mar. 19, 2025), the Eleventh Circuit has to reconcile 28 U.S.C. § 1447(d), which bars appellate review of a district court remand of a removed case, and 9 U.S.C. § 16(a)(1)(C), which affirmatively grants appellate jurisdiction to review orders denying arbitration. For an order that both deniesContinue reading “Eleventh Circuit Holds That There Is No Appellate Jurisdiction Over an Order That Both Denies Arbitration and Remands a Removed Case to State Court, Per 28 U.S.C. § 1447(d)”

In Voltage Pictures,LLC v. Gussi S.A. de C.V., No. 23-55123 (9th Cir. Feb. 5, 2023), the Ninth Circuit holds that when the Federal Arbitration Act (FAA) § 9’s nonresident service provision does not apply to service of notice of an application to confirm a foreign arbitral award – because the adverse party is not subjectContinue reading “Ninth Circuit Splits with Second Circuit About Which Federal Rule to Follow for Service of Notice of Application to Confirm Foreign Arbitral Award Under the Federal Arbitration Act When FAA § 9 Does Not Apply”

In Hursh v. DST Systems, Inc., No 21-3554 (8th Cir. Nov. 28, 2022), appeals of awards to 177 claimants –who prevailed in ERISA arbitrations about losses in their 401(k) profit sharing plan – result in the judgments being vacated and remanded owing to doubts about the district court’s subject-matter jurisdiction. “DST was the Plan’s sponsor,Continue reading “Eighth Circuit Vacates Judgments in Favor of 177 Plaintiffs Confirming Arbitration Awards Due to Lack of Subject Matter Jurisdiction”

In Maine Community Health Options v. Albertsons Cos., Inc., No. 20-35931 (9th Cir. Mar. 31, 2021), deciding an issue of first impression for the circuit, the judges – following different routes – holds that there is diversity jurisdiction over an action under Section 7 of the Federal Arbitration Act (FAA), 9 U.S.C. § 7, seeking enforcementContinue reading “Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act”

In O’Hanlon v. Uber Technologies Inc., No. 19-3891 (3d Cir. Mar. 17, 2021), the panel rejects defendant-appellee Uber’s argument that the Court of Appeals must take up a standing issue along with its interlocutory review of an arbitration decision. “We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial ofContinue reading “Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling”

In Langere v. Verizon Wireless Servs., No. 19-55747 (9th Cir. Dec. 29, 2020), the Ninth Circuit clarifies the standard for when a three-judge panel may overrule circuit precedent in the face of “irreconcilable” Supreme Court authority. It holds that it is not necessary for the prior circuit caselaw to be on all fours with theContinue reading “Three-Judge Panel Can Overrule Circuit Precedent If Its Reasoning Is “Irreconcilable” With Intervening Supreme Court Authority, Holds Ninth Circuit”

In Sayers Constr., LLC v. Timberline Constr., Inc., No 19-51099 (5th Cir. Oct. 2, 2020), the panel affirms dismissal of a vacatur action on the ground that it would not comport with Due Process to review a Florida arbitration award in Texas. Plaintiff Sayers filed suit in the Western District of Texas to vacate anContinue reading “Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds”

In Badgerow v. Walters, No. 19-30766 (5th Cir. Sept. 15, 2020), the Fifth Circuit holds that the “look-through” analysis for determining federal jurisdiction in actions to compel arbitration under Section 4 of the FAA reviews the entire underlying dispute in arbitration, not just the specific claims included in the petition. Plaintiff – a terminated employeeContinue reading “Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds”