• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Arbitration / Court Decisions / Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

March 26, 2019 by Alex Silverman

The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration. The district court granted the motion and stayed further proceedings pending a ruling by the arbitrators as to the arbitrability of the dispute. But before submitting the matter to arbitration, the plaintiff voluntarily discontinued the action without prejudice and immediately appealed the district court’s order. The Ninth Circuit dismissed the appeal, however, finding it lacked jurisdiction. The court agreed with the defendant that the plaintiff’s “voluntary discontinuance and immediate appeal” was an impermissible attempt to sidestep the “final-judgment rule, the Federal Arbitration Act’s explicit bar on interlocutory appeals, and prevailing case law.” Because the order compelling arbitration was not a “final decision” under § 16(a) of the FAA, the plaintiff was required to seek the district court’s permission to pursue the appeal, but failed to do so. That he voluntarily discontinued the action before appealing was deemed irrelevant, particularly since the discontinuance was without prejudice.

Gonzalez v. Coverall North America, Inc., No. 17-55787 (9th Cir. Feb. 22, 2019).

Filed Under: Arbitration / Court Decisions, Arbitration Process Issues

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.