Bloomberg Law
March 16, 2023, 10:05 PM

High Court Clarity on Whether to Stay Suits While in Arbitration

Ufonobong Umanah
Ufonobong Umanah
Litigation Reporter

A federal appeals court judge on Thursday called on the US Supreme Court to take up the issue of whether the Federal Arbitration Act mandates that courts stay, rather than dismiss, cases that are required to go through that process.

The call by Judge Susan Graber of the US Court of Appeals for the Ninth Circuit came in a concurrence to a colleague’s opinion that within their circuit, a trial court can dismiss a case without prejudice, when all of its claims are subject to arbitration.

The case, involving Intelliserve LLC, was brought by delivery drivers for the company alleging ...