Legal Opinion
Conrad v. Phone Directories Co., Inc.
Court of Appeals for the Tenth Circuit
Decided November 10, 2009No. 07-6276PublishedCited by 66 opinions
1Opinion of the Court
EBEL, Circuit Judge.
In this appeal we are asked to decide, for the first time in this circuit, whether we have jurisdiction over an interlocutory appeal of the denial of a motion to dismiss premised on the existence of an arbitration agreement, notwithstanding the fact that the defendants did not explicitly move to stay the litigation or compel arbitration under the Federal Arbitration Act (“FAA”). We hold that we do not. Based on the plain text of the FAA, our canons of construction of jurisdictional statutes, and the Supreme Court’s recently-expressed categorical approach to the FAA’s…
2Cases cited28 opinions
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
23 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Fish v. KobachCourt of Appeals for the Tenth Circuit · 2016
- John Mann v. David CastielCourt of Appeals for the D.C. Circuit · 2012
- Antonia Rota-McLarty v. Santander Consumer USA, IncorporatedCourt of Appeals for the Fourth Circuit · 2012
- Elm Ridge Exploration Company v. EngleCourt of Appeals for the Tenth Circuit · 2013
- Pre-Paid Legal Services, Inc. v. CahillCourt of Appeals for the Tenth Circuit · 2015
61 more not listed; retrieve them via the Exa API.