“If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA”

David B. Honig, Brian Sabey and Jake B. Kolisek of Hall Render Killian Heath & Lyman PC have this article in Lexology, discussing the Sixth Circuit’s decision in United States ex rel. Dorsa v. Miraca Life Sciences, Inc., 983 F.3d 885 (2020), and noting that those “who wish to have the option of an interlocutory appeal need to be sure that they satisfy the formal conditions of appealability.” As the authors note, in Dorsa, the appellate court held that a defendant seeking an interlocutory appeal “should have requested the court to compel arbitration and/or to stay the case pending arbitration instead of simply requesting dismissal of the retaliation claim.”

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