Case Explained: BANDY, ET AL. V. MOVE, INC., ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-13 Docket: 2:24-cv-10492-SB-JPR The ninth-circuit dismissed the appeal for lack of appellate jurisdiction. The court held that the district court’s order, which compelled arbitration and dismissed the case without prejudice while reserving jurisdiction to handle motions regarding future arbitration awards, did not constitute a “final decision” appealable under 9 U.S.C. § 16(a)(3) of the Federal Arbitration Act. Although the order was styled as a dismissal, the district court explicitly stated it would be “functionally indistinguishable from a stay” and intended to retain jurisdiction to adjudicate potential motions to confirm, modify, or vacate an arbitration award. Because the order was ambiguous regarding whether it represented the court’s final act in the matter, the appellate court determined it lacked the authority to review the dismissal. Consequently, the appeal is terminated, and the parties must await a final disposition of the underlying dispute or a subsequent appealable order from the district court. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.