· 6/28/2005
Rodney McCauley Jeri McCauley Garrison McCauley Madison McCauley and Whitney McCauley v. Halliburton Energy Services, Inc., a Delaware Corporation
Citations
- 413 F.3d 1158
- 23 I.E.R. Cas. (BNA) 93
- 2005 U.S. App. LEXIS 12793
- 2005 WL 1519129
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the majority courts are “more solicitous regarding [the] duty to protect the benefits of arbitration from erosion.”
- noting \general rule that filing an appeal divests the district court of its control over those aspects of the case involved in the appeal\
- “[w]hen an interlocutory appeal is taken, the district court only retains jurisdiction to proceed with matters not involved in that appeal.”
- “Arbitration clauses reflect the parties’ preference for non-judicial dispute resolution, which may be faster and cheaper.” (internal quotation marks omitted)
- “so long as the district court takes the affirmative step of certifying an appeal as frivolous or forfeited, it retains jurisdiction.”
- automatic divestiture of trial court jurisdiction unless appeal is frivolous or forfeited
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, McConnell, Tymkovich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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