Legal Opinion · Concurrence

Jon Sanchez v. Robert Elizondo

Court of Appeals for the Ninth Circuit

Decided January 5, 2018No. 16-17345Published

1ConcurrenceIkuta, Circuit Judge

Under 9 U.S.C. § 16(a) “an appeal may be taken from—(1) an order—(E) modifying, correcting, or vacating an award.” Eli-zondo appeals from a district court order vacating an award, so we have jurisdiction under § 16. Because Congress has spoken clearly, there is no need to engage in an examination of the policies underlying § 16(a) or the' potential meaning of Congressional silence to determine the scope of this jurisdictional grant. See New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 358-59, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989) (“Congress, and not the…

2Cases cited1 opinion

  1. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989

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