Once a motion to compel arbitration has been granted and a stay requested, the court has no discretion pursuant to the FAA to dismiss the action instead of staying it pending arbitration, the Second Circuit holds

On July 28, 2015, the US Court of Appeals for the Second Circuit ruled that “the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), requires a stay of proceedings when all claims are referred to arbitration and a stay requested”. In this case, the District Court compelled arbitration, d...
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If Plaintiffs lack threshold grounds for derivative actions, jurisdiction doesn’t need to be established, Second Circuit holds

On July 24, 2015, the Second Circuit held that “when confronted with a difficult or novel question of subject matter jurisdiction, a court may sometimes dismiss the case on a threshold, non‐merits issue.” In 2002 Facebook launched an initial public offering (IPO). Several of its shareholders b...
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