Wabtec Corp. v. Faiveley Transport Malmo AB

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming district court’s denial of motion to dismiss under Rule 12 based on a mandatory arbitration agreement
• declining to construe plaintiff’s motion to dismiss as a motion to compel arbitration when plaintiff did not “frame its argument in terms of mandatory arbitration but in terms of judicial preclusion”
• “Rather than affirmatively seek arbitration in accordance with the agreement, [movant’s] motion focused on preventing [non-movant] from resolving any dispute in the courts, in accordance with the agreement’s provision that disputes would be settled ‘without recourse to the courts.’ ”
• “federal appellate jurisdiction ordinarily ‘depends on the existence of a decision by the District Court that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment’ ”

Source: CourtListener parenthetical corpus (CC0).