News & Publications

This Week At The Ninth: Removal Requirements

This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act ("CAFA") in a removed case where a defendant's notice of removal alleged the prerequisites for CAFA jurisdiction. MOE V. GEICO INDEMNITY COMPANY, ET AL. The Court holds that satisfaction of CAFA's amount-in-controversy requirement was not evident from the face of the plaintiff's complaint or the nature of the case and that defendant had [...]

U.S. Supreme Court Decision In Groff V. DeJoy: Clarifying Religious Accommodations

Earlier today the United States Supreme Court released a unanimous opinion in Groff v. DeJoy, Postmaster General, No. 22-174, clarifying the "undue burden" standard under applicable to religious accommodations under Title VII after nearly 50 years. Specifically, the Court held that Title VII requires an employer who denies a religious accommodation to show that the burden of granting an accommodation would result in "substantial increased costs in relation to the conduct of its particular business." This raises [...]

Supreme Court Confirms Automatic Stay When Motions To Compel Arbitration Are Denied

The U.S. Supreme Court's June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of interlocutory appeal granted by 9 U.S.C. § 16(a). Section 16(a) is the provision of the Federal Arbitration Act granting the right to an interlocutory appeal when a district court denies a motion to compel arbitration. Section 16(a) is clear [...]