Circuit split · civil procedure

Whether the filing of an interlocutory appeal under Section 16(a) of the Federal Arbitration Act automatically divests the district court of jurisdiction to proceed with the litigation pending resolution of the appeal.

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Ehleiter v. Grapetree Shores, Inc.482 F3D 207
Third Circuit Court of Appeals · April 6, 2007
“There is a circuit split on the question of whether the filing of an interlocutory appeal pursuant to Section 16(a) of the FAA automatically deprives the trial court of jurisdiction to proceed until such time as the appeal is fully litigated or determined to be frivolous or forfeited.” — Acknowledges a circuit split
Empirical analysis of this case →

The provision at issue

“(a) An appeal may be taken from— (1) an order— (A) refusing a stay of any action under section 3 of this title, (B) denying a petition under section 4 of this title to order arbitration to proceed, (C) denying an application under section 206 of this title to compel arbitration, (D) confirming or denying confirmation of an award or partial award, or (E) modifying, correcting, or vacating an award; (2) an interlocutory order granting, continuing, or modifying an injunction against an arbitration that is subject to this title; or (3) a final …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

On the other side · 10th Cir.McCauley v. Halliburton Energy Servs., Inc.413 F.3d 1158
“Halliburton Energy Servs., Inc., 413 F.3d 1158 , 1162-63 (10th Cir.2005) (automatic divestiture of trial court jurisdiction unless appeal is frivolous or forfeited); Blinco v.” — Ehleiter v. Grapetree Shores, Inc., acknowledging the split
On the other side · 11th Cir.Blinco v. Green Tree Servicing, LLC366 F.3d 1249
“Green Tree Servicing, LLC, 366 F.3d 1249 , 1253 (11th Cir.2004) (automatic divestiture of trial court jurisdiction unless appeal is frivolous); Bradford-Scott Data Corp.” — Ehleiter v. Grapetree Shores, Inc., acknowledging the split
On the other side · 7th Cir.Bradford-Scott Data Corp. v. Physician Computer Network, Inc.128 F.3d 504
“Physician Computer Network, Inc., 128 F.3d 504 , 505 (7th Cir.1997) (endorsing automatic divestiture rule, reasoning that "[c]ontinuation of proceedings in the district court largely defeats the point of the appeal and creates a risk of inconsistent handling of the case by two tribunals”), with Motorola Credit Corp.” — Ehleiter v. Grapetree Shores, Inc., acknowledging the split
On the other side · 2d Cir.Motorola Credit Corp. v. Uzan388 F.3d 39
On the other side · 9th Cir.Britton v. Co-op Banking Group916 F.2d 1405

What the split turns on

Statutes:: 9 U.S.C. § 16 ·; 9 U.S.C. § 4 ·; 28 U.S.C. § 1292(a)(1)
Doctrines & tests:: automatic divestiture rule ·; collateral order doctrine

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.