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Semmes Law Updates

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Archive for June 2019

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.

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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.

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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.

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