McManis Faulkner partner Elizabeth Pipkin and associate Chris Rosario authored an article for the Daily Journal looking at the issue of a circuit split on motions to compel arbitration. In December 2022, the U.S. Supreme Court granted a petition for certiorari seeking to overturn a pair of Ninth Circuit decisions denying stays of district court proceedings pending appeals of orders denying motions to compel arbitration.
Elizabeth and Chris review the majority and minority opinions from the SCOTUS decision, Griggs v. Provident Consumer Discount Co. They say: “The majority’s broad application of Griggs is attractive in that it necessarily avoids potentially unnecessary and contradictory litigation during the appeal, while the minority’s narrow application of Griggs preserves the court’s discretion to make a decision that may preserve the parties’ resources.”
While the circuit split on the issue has lingered for 30 years, Elizabeth and Chris say it will soon be over, “whether [the Supreme Court] [adopts] the majority or minority view or [fashions] its own resolution.”
To read the full article, visit the Daily Journal. (subscription required)