United States Third Circuit

In a personal injury action brought by a casino employee against property owner in the Virgin Islands, denial of defendant's motion to stay proceedings pending arbitration is affirmed where: 1) section 16(a)(1)(A) of the Federal Arbitration Act (FAA) conferred appellate jurisdiction over the matter; 2) the issue of whether a party seeking arbitration has waived its right thereto by litigating the case in court remains a question for the trial court to decide, rather than an arbitrator, in the wake of relevant Supreme Court cases; and 3) defendant waived any right it had to arbitrate by actively litigating the case before the superior court for nearly four years.

Appellate Information

• Argued 12/04/2006
• Decided 04/06/2007
• Published 04/06/2007

Judges

• STAPLETON, Circuit Judge., Before McKEE, BARRY and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Charles E. Engeman (Argued), Simone R.D. Francis, Ogletree, Deakins, Nash, Smoak & Stewart, St. Thomas, USVI, Attorney for Appellant.


• For Appellees:
  
• Joel H. Holt (Argued), St. Croix, USVI, Attorney for Appellee.