Opinion of the Court
is precisely what the court of appeals must decide.” Bradford-Scott Data Corp. v. Physician Computer Network, Inc., 128 F. 3d 504, 506 (CA7 1997). Stated otherwise, the question of whether “the case should be litigated in the district court … is the mirror image of the question presented on appeal.” Id., at 505. Here, as elsewhere, it “makes no sense for trial to go forward while the court of appeals cogitates on whether there should be one.” Apostol v. Gallion, 870 F. 2d 1335, 1338 (CA7 1989). In short, Griggs dictates that the district court must stay its proceedings while the interlocutory appeal on arbitrability is ongoing.[1]
Most courts of appeals to address the question in the §16(a) context have reached that same conclusion. E.g., Blinco v. Green Tree Servicing, LLC, 366 F. 3d 1249, 1253 (CA11 2004) (“[I]t makes little sense for the litigation to continue in the district court while the appeal is pending”).[2] Leading treatises agree that a district court should stay its proceedings while the interlocutory appeal on arbitrability is ongoing. For example, Moore’s treatise states that a “stay in these circumstances” is “the sounder approach” and “is consistent with the general [Griggs] principle that a district court should not exercise jurisdiction over those aspects of the case that are involved in the appeal.” 19 J. Moore, D.
- ↑ Coinbase concedes that the district court may still proceed with matters that are not involved in the appeal, such as the awarding of costs and attorney’s fees. Brief for Petitioner 21; see also 16A C. Wright, A. Miller, E. Cooper, & C. Struve, Federal Practice and Procedure §3949.1, pp. 68–69 (5th ed. 2019).
- ↑ See also Levin v. Alms & Assoc., Inc., 634 F. 3d 260, 266 (CA4 2011); Ehleiter v. Grapetree Shores, Inc., 482 F. 3d 207, 215, n. 6 (CA3 2007); McCauley v. Halliburton Energy Servs., Inc., 413 F. 3d 1158, 1162–1163 (CA10 2005); Bombardier Corp. v. National R. Passenger Corporation, 333 F. 3d 250, 252 (CADC 2003); Bradford-Scott Data Corp. v. Physician Computer Network, Inc., 128 F. 3d 504, 505–507 (CA7 1997); but see, e.g., Weingarten Realty Investors v. Miller, 661 F. 3d 904, 907–910 (CA5 2011).
