Tuesday, September 03, 2019

Arias v. Residence Inn by Marriott (9th Cir. - Sept. 3, 2019)

One problem arising from accepting interlocutory appeals in CAFA cases is that the whole time the appeal is pending in federal court, proceedings on the merits continue apace in state court.  Leading to situations like this.

The state court's sitting on a summary judgment motion only to have the Ninth Circuit reverse and remand so the district court judge can think about whether to reassert federal jurisdiction.  Resulting in yet more delay and complexities as the pending-for-quite-a-while state court litigation potentially gets put on hold.

But at least the panel -- commendably -- got its opinion out ASAP.  Oral argument in August and a published opinion the first business day of September.