28 U.S.C. § 1447(d) bars appellate review of remand orders. 9 U.S.C. § 205 permits removal of actions relating to international arbitration agreements, and 9 U.S.C. § 16 permits appellate review of orders denying motions to compel arbitration. So what happens when a case is removed under section 205 and the district court in a…
Tag: Jurisdiction
Non-Party Removal Was a Waivable Defect, but State-Law Service-of-Process Rule Applied
James H. Wilson III sued Hearos, LLC in Georgia state court, alleging he suffered permanent hearing loss at a shooting range because of Hearos’s faulty earplugs. Wilson v. Hearos, LLC, No. 23-12550 (11th Cir. Feb. 18, 2025). A non-party, Protective Industrial Products, Inc. (PIP), removed that suit to federal court, where it was dismissed as…
Federal Arbitration Act, Not Georgia Arbitration Code, Applied to Review of Arbitration Award
In Gulfstream Aerospace Corp. v. OCELTIP Aviation 1 PTY Ltd, 2022 U.S. App. LEXIS 10382 (11th Cir. Apr. 18, 2022), the Eleventh Circuit rejected an argument that the parties’ contract provided for the Georgia Arbitration Code (“GAC”), rather than the Federal Arbitration Act (“FAA”), to apply to proceedings to confirm or vacate an arbitration award….