In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more
4/8/2025
/ Appeals ,
Appellate Courts ,
Arbitration ,
Dispute Resolution ,
Employment Litigation ,
Federal Arbitration Act ,
Motion to Dismiss ,
SCOTUS ,
Smith v Spizzirri ,
Statutory Interpretation ,
Stays
The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more
4/7/2025
/ Appeals ,
Constitutional Challenges ,
Due Process ,
Foreign Policy ,
Israel/Palestine ,
Jurisdiction ,
Litigation Strategies ,
National Security ,
Personal Jurisdiction ,
SCOTUS ,
Sovereign Immunity ,
Terrorist Acts
The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of a district’s court’s denial of a motion to compel arbitration divests a district court of jurisdiction over the...more
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more