Richard Abernathy v. Southern California Edison

REINHARDT, Circuit Judge:

For over fifty years, the lower federal courts have been required to apply the interlocutory appeal doctrine known as the Eneloui-Ettelson rule to orders denying or granting stays pending arbitration and orders compelling arbitration. Although the courts of every circuit have displayed open hostility to the rule, 1 we have faithfully, if unhappily, applied the dictates of the Supreme Court and allowed parties dissatisfied with a district court’s interlocutory order to appeal. 2 One of the consequences of this rule has been that arbitrations, favored because of their…