Kum Tat, Ltd. v. Linden Ox Pasture, LLC

The Court of Appeals lacked jurisdiction over a non-final order denying motion to compel arbitration because the motion was brought under California’s Arbitration Act, not the Federal Arbitration Act.  Under 9 USC 16, a federal Court of Appeals has appellate jurisdiction of appeals from orders denying stays or motions to compel arbitration under 9 USC 3 or 4.  Here, in a case removed to federal court on diversity grounds, the plaintiff appealed from an order denying its motion to compel arbitration under California’s Arbitration Act, not the FAA.  Since the motion was not brought under 9 USC 3 or 4 and the order was not a final judgment otherwise appealable under 28 USC 1291, the Court of Appeals lacked jurisdiction and dismissed the appeal.

Ninth Circuit Court of Appeals (Hurwitz, J.); January 13, 2017; 2017 WL 127562

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