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United States Ninth Circuit


In Re: Swift Transp. Co. Inc., 15-70592

In a labor law case in which the defendants sought to compel arbitration, a petition for writ of mandamus is denied where: 1) defendants had a remedy in urging their position before the District Court in dispositive motions and in the form of direct appeal following the issuance of a final order; 2) normal litigation expense did not constitute sufficient prejudice to warrant relief, and the discovery cost had already been incurred; and 3) most crucially, the district court's order was not clearly erroneous.

Appellate Information

  • Published 2016/07/26

Judges

  • PER CURIAM

Court

  • United States Ninth Circuit

Counsel

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