Ct. of Appeals lacked jurisdiction over defendant’s appeal of Dist. Ct. order finding that defendants must arbitrate any dispute with plaintiff before National Futures Association (NFA), as opposed to FINRA, pursuant to agreement signed by both parties. Instant order in plaintiff’s action seeking declaratory judgment to require defendants to arbitrate their disputes before NFA, was not final and appealable pursuant to section 1291 of Judicial Code, where Dist. Ct. had yet to resolve arbitration venue, grounds for any permanent injunction, time needed for defendants to comply with arbitration order and attorney’s fees. Ct. rejected defendants’ argument that order was appealable under 9 USC sections 16(a)(2) and (a)(3) as “injunction against arbitration” or under 28 USC section 1292(a)(1) as order granting injunction, where record showed that Dist. Ct. did not enter any injunction. Moreover, Ct. likened instant Dist, Ct. order to entry of pro-arbitration decision that was coupled with stay of remainder of case, which was unappealable under Moglia, 546 F.3d 835, in absence of section 1292(b) certification.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction