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Authors

Sarah Baxter

Abstract

Some circuits have also taken the position that when a court rules on an arbitration order in an embedded proceeding and dismisses the remaining claims in the action, those decisions are also not final or appealable. Other circuits, however, have taken the view that when a court rules on an arbitration order and dismisses the remaining claims in an action, such a decision is final and appealable. A decision on an arbitration order in an independent action is a final decision. This Note explores the circuit split over the issue of whether orders compelling arbitration in embedded proceedings may be classified as final decisions when the district court dismisses the remaining claims. Randolph v. Green Tree Financial Corp. addresses this issue, which remains unsettled more than ten years after the adoption of section 16 of the F.A.A.

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