Appellate Law News and Insights

U.S. Supreme Court Mandates Stay Of Trial Court Proceedings During Arbitrability Appeals

Published: Aug 29, 2023
|
The U.S. Supreme Court, in an opinion by Justice Kavanaugh for a five-Justice majority, held in Coinbase, Inc. v. Bielski that when the losing party appeals a federal District Court's order denying a motion to compel arbitration, the District Court must stay its pre-trial and trial proceedings during the pendency of the interlocutory...

Read More

Georgia Court Of Appeals Upholds Mirror Image Acceptance Rule At Insurers’ Peril

Published: Aug 23, 2023
|
The Court of Appeals of Georgia recently issued its opinion in Pierce v. Banks, No. A23A0394 (Ga. Ct. App. Jun. 28, 2023), addressing the limits of the mirror image acceptance rule for time-limited settlement demands. Background Pierce arises out of a simple motor vehicle accident. Prior to filing suit, the plaintiff issued a time-limited...

Read More

Should The Ninth Circuit’s Waiver Test Be More Closely Scrutinized?

Published: Aug 20, 2023
|
Hill v. Xerox Business Services, LLC shows how the Ninth Circuit's waiver test, revised after a 2022 SCOTUS case, could force defendants in potentially arbitrable cases to instead become further involved in class action litigation. In February 2023, the Ninth Circuit Court of Appeals held in a 2–1 decision that Xerox...

Read More