Semmes Law Updates

Semmes offers Law Updates for information-purposes only. Semmes assumes no responsibility for the accuracy or timeliness of any information provided herein. The information may not apply to your unique situation, and is not intended to be used as a basis for any particular course of action or as a substitute for legal advice.

Elimination of Wholly Groundless Exception to Arbitrability

In deciding whether the court or an arbitrator should decide questions of arbitrability, the Supreme Court held that the decision is left only for arbitrators. Lower courts may no longer recognize a “wholly groundless” exception to stop frivolous lawsuits from going to arbitration, when an argument for arbitration is wholly groundless.

Read More

Unclear docket entries, and the countdown to file an appeal

A docket entry on the court’s electronic case management system must be clearly marked with the date a judgment is entered. Unless the date is clear to both litigants and the public, the judgment cannot be treated as entered. Any appeal filed before the entry is corrected must be treated as being timely filed, regardless of the length of time between the original docket entry, and the docket’s correction.

Read More

No Equitable Tolling For Class Certification Appeals

The Supreme Court unanimously held that Rule 23(f), governing class action class certification appeals, is not subject to equitable tolling. Parties must appeal within the 14-day deadline, and the deadline cannot be extended even if good cause exists.

Read More