United States Third Circuit

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Invista S.A.R.L. v. Rhodia, SA, 09-2514

In plaintiff's suit for interference with contract, unfair competition, and misappropriation of trade secrets, in connection with a technology for manufacturing a critical intermediate chemical used in manufacturing nylon, district court's denial of defendant's motion to either dismiss or stay the litigation in favor of arbitration is affirmed where: 1) the Tribunal's holding that it does not have jurisdiction over defendant moots this appeal, and given the Tribunal's ruling, it is clear that the district court could not have enforced the arbitration clause as defendant had urged; and 2) because defendant's appeal from the denial of its motion to dismiss under section 3 of the FAA is moot and must be dismissed, its appeal from the district court's denial of its discretionary motion to stay must also be dismissed for lack of pendent appellate jurisdiction.

Appellate Information

  • Argued 04/13/2010
  • Decided 10/25/2010
  • Published 10/25/2010

Judges

  • <a href="http://pview.findlaw.com/view/1548474_1">McKEE</a>

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1296034_1">Jonathan L. Greenblatt</a>, <a href="http://pview.findlaw.com/view/3587166_1">Kathleen M. Sullivan</a>