Narrative Opinion Summary
The court granted the motion to dismiss for lack of jurisdiction, concluding that the district court's order compelling arbitration and staying litigation is not subject to appeal. Under 9 U.S.C. § 16(b), such orders are not appealable, as established in Green Tree Fin. Corp.-Ala. v. Randolph. The appellant failed to demonstrate that the order qualifies for appeal under 28 U.S.C. § 1292(a)(1), as it does not have the practical effect of denying an injunction that significantly impacts the merits or could result in serious, irreparable consequences. The appellant also did not establish grounds for appeal under theories of pendent jurisdiction or the collateral order doctrine, referencing relevant case law. The disposition will not be published pursuant to D.C. Circuit Rule 36, and the Clerk is instructed to withhold the mandate for seven days following any timely petition for rehearing or rehearing en banc.
Legal Issues Addressed
Criteria for Appeal under 28 U.S.C. § 1292(a)(1)subscribe to see similar legal issues
Application: The appellant failed to show that the order meets the criteria for appeal under 28 U.S.C. § 1292(a)(1), which requires a practical effect of denying an injunction with significant impact on the merits or causing serious, irreparable consequences.
Reasoning: The appellant failed to demonstrate that the order qualifies for appeal under 28 U.S.C. § 1292(a)(1), as it does not have the practical effect of denying an injunction that significantly impacts the merits or could result in serious, irreparable consequences.
Inapplicability of Pendent Jurisdiction and Collateral Order Doctrinesubscribe to see similar legal issues
Application: The appellant did not establish grounds for appeal under theories of pendent jurisdiction or the collateral order doctrine, as per relevant case law.
Reasoning: The appellant also did not establish grounds for appeal under theories of pendent jurisdiction or the collateral order doctrine, referencing relevant case law.
Non-Appealability of Orders Compelling Arbitrationsubscribe to see similar legal issues
Application: The court determined that the district court's order compelling arbitration and staying litigation is not subject to appeal under 9 U.S.C. § 16(b).
Reasoning: Under 9 U.S.C. § 16(b), such orders are not appealable, as established in Green Tree Fin. Corp.-Ala. v. Randolph.
Procedural Rule on Issuance of Mandatesubscribe to see similar legal issues
Application: The court directed the Clerk to withhold the mandate for seven days following any timely petition for rehearing or rehearing en banc, in accordance with procedural rules.
Reasoning: The Clerk is instructed to withhold the mandate for seven days following any timely petition for rehearing or rehearing en banc.