Opinion of the Court
Coquillette, G. Joseph, G. Vairo, & C. Varner, Moore’s Federal Practice §203.12[3][a] (3d ed. 2022). Similarly, the Wright and Miller treatise endorses the automatic stay requirement in arbitration cases. The treatise explains that a “complete stay of district-court proceedings pending appeal from a refusal to order arbitration is desirable” because “[c]ontinued trial-court proceedings pending appeal could lead to an entirely wasted trial if arbitration is ordered on appeal.” 15B C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure §3914.17, p. 7 (2d ed., Supp. 2022). In the Circuits that have considered the issue in the analogous contexts of qualified immunity and double jeopardy, moreover, district courts likewise must automatically stay their proceedings while the interlocutory appeal is ongoing.[1] Similarly, as Bielski acknowledges, courts have held that the Griggs principle applies to those aspects of the case involved in a certified interlocutory appeal under 28 U. S. C. §1292(b).[2]
The common practice in §16(a) cases, therefore, is for a district court to stay its proceedings while the interlocutory appeal on arbitrability is ongoing. That common practice reflects common sense. Absent an automatic stay of district court proceedings, Congress’s decision in §16(a) to afford a right to an interlocutory appeal would be largely nullified.
- ↑ E.g., United States v. Montgomery, 262 F. 3d 233, 239–240 (CA4 2001) (double jeopardy); United States v. LaMere, 951 F. 2d 1106, 1108 (CA9 1991) (same); United States v. Grabinski, 674 F. 2d 677, 679 (CA8 1982) (same); United States v. Dunbar, 611 F. 2d 985, 988–989 (CA5 1980) (en banc) (same); Chuman v. Wright, 960 F. 2d 104, 105 (CA9 1992) (qualified immunity); Yates v. Cleveland, 941 F. 2d 444, 448–449 (CA6 1991) (same); Apostol v. Gallion, 870 F. 2d 1335, 1338 (CA7 1989) (same); Stewart v. Donges, 915 F. 2d 572, 575–576 (CA10 1990) (both).
- ↑ See Tr. of Oral Arg. 60–61; see also Green Leaf Nursery v. E. I. DuPont De Nemours and Co., 341 F. 3d 1292, 1309 (CA11 2003); Los Angeles v. Santa Monica Baykeeper, 254 F. 3d 882, 885–886 (CA9 2001); Dayton Independent School Dist. v. U. S. Mineral Prods. Co., 906 F. 2d 1059, 1063–1064 (CA5 1990).
