CIVIL PROCEDURE, CONTRACTS, CORPORATION & ENTERPRISE LAW, DISPUTE RESOLUTION & ARBITRATION, TAX LAW
Arthur Andersen LLP v. Carlisle, No. 08-146
In an appeal from a ruling dismissing an appeal of a denial of a stay pending arbitration, court of appeals’ dismissal is reversed where: 1) the Federal Arbitration Act (FAA) entitles any litigant asking for a Section 3 stay to an immediate appeal from that motion’s denial, regardless of whether the litigant is in fact eligible for a stay; and 2) a litigant who was not a party to an arbitration agreement may invoke Section 3 if the relevant state contract law allows him to enforce the agreement.
CIVIL PROCEDURE
Carlsbad Tech., Inc. v. HIF Bio, Inc., No. 07-1437
The Court of Appeals’ dismissal of petitioner’s appeal for lack of subject matter jurisdiction is reversed, where a district court’s order remanding a case to state court after declining to exercise supplemental jurisdiction over state-law claims is not a remand for lack of subject-matter jurisdiction for which appellate review is barred by 28 U.S.C. sections 1447(c) and (d).
CORPORATION & ENTERPRISE LAW, ENVIRONMENTAL LAW, OIL & GAS LAW, REMEDIES, TRANSPORTATION
Burlington No. & Santa Fe R.R. Co. v. US, No. 07-1601
In a CERCLA action by the U.S. seeking recovery of the costs of cleaning up hazardous waste at a railroad facility, court of appeals’ order reversing judgment for defendant is reversed, where 1) defendant was not liable as an arranger for contamination at the facility; and 2) the district court reasonably apportioned defendants’ share of the remediation costs.
CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW
Flores-Figueroa v. US, No. 08-108
Defendant’s aggravated identity theft conviction is reversed where 18 U.S.C. section 1028A(a)(1) requires the government to show that a defendant knew that the means of identification at issue belonged to another person.
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