Divestiture of Jurisdiction of District Court Pending Appeal

, New York Law Journal

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Jeffrey S. Boxer, a partner at Carter Ledyard & Milburn, and Leonardo Trivigno, an associate with the firm, discuss the circuit split on whether a district court may continue to adjudicate the merits of the underlying claims while an interlocutory appeal from the denial of a motion to compel arbitration is pending, or whether the filing of a notice of appeal divests the district court of jurisdiction.

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