In enacting the Federal Arbitration Act, Congress allowed for immediate appeal from orders denying motions to arbitrate. The statute is silent as to whether the litigation in the trial court can proceed while the appeal is pending. Circuits have split on the issue, which has increased litigation burdens and settlement pressures on parties in those jurisdictions that did not recognize an automatic stay.

The Supreme Court of the United States recently resolved this issue. In Coinbase, […]

Mathew Ross (Partner-White Plains) and Patrick Lawless (Partner-New York) obtained an excellent unanimous decision from the Appellate Division, Second Department on a difficult construction case. Mat tried the case for a large city and its School Construction Authority in the latter part of 2019 and obtained a unanimous jury defense verdict after the plaintiff turned down a sizeable offer to settle the case while the jury was deliberating. The plaintiff appealed the final judgment, […]