United States First Circuit

In a putative class action suit involving interest earned on funds while delayed in transfer between brokerage accounts, defendants' interlocutory appeal of a denial of a motion to compel arbitration is dismissed for lack of jurisdiction where the district court did not effectively deny defendants' right to arbitrate the dispute when it opined on the merits of the plaintiffs' claims after granting defendants' motion to compel arbitration.

Appellate Information

• Decided 04/27/2007
• Published 04/27/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and SINGAL, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David C. Frederick, with whom F. Andrew Hessick, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Nicholas C. Theodorou, John A. Shope, William W. Fick, David E. Cole, and Foley Hoag LLP were on brief, for appellants.


• For Appellees:
  
• Douglas A. Rubel, with whom Johanson Berenson LLP were on brief, for appellees.