At page 15 Irreparable harm from court orders to arbitrate18 citing cases“it is rather a fluke in the law that _____ allows an order to arbitrate to be appealed before the arbitration is completed”
- Corion Corp. v. Gih-Horng Chen, 964 F.2d 55 (1st Cir. 1992).published (it is rather a fluke in the law that allows an order to arbitrate to be appealed before the arbitration is completed)
- Trees v. Serv. Employees Int'l Union Local 503, No. 6:21-cv-00468 (D. Or. Nov. 9, 2021).“the fact that an order to arbitrate imposes a cost, the cost of the arbitration, whether it is an opportunity cost of time or an out-of-pocket expense for lawyers or witness fees or whatever, or both types of costs, doe…”
- In re Wisconsin & Milwaukee Hotel LLC, No. 24-21743 (Bankr. E.D. Wis. Apr. 2, 2026).See FTC v. Standard Oil Co. of Cal., 449 U.S. at 244 ; Graphic Commc’ns Union, 779 F.2d at 15.
- INTL FCStone Fin. Inc. v. Jacobson, No. 1:19-cv-01438, 2019 WL 2356989 (N.D. Ill. June 4, 2019). Both cases expanded upon the strong language that the Seventh Circuit used in PaineWebber v. Farnam, 843 F.2d at 1052-53 and Graphic Communications Union v. Chicago Tribune, 779 F.2d at 16, to dissuade litigants from seeking to stay orders…
- Morgan Stanley Smith Barney LLC v. Johnson, No. 0:17-cv-01101 (D. Minn. Oct. 26, 2018).It will not be swift if orders to arbitrate are routinely stayed pending appeals from those orders.” Graphic Commc’ns Union, Chicago Paper Handlers’ & Electrotypers’ Local No. 2 v. Chicago Tribune Co., 779 F.2d 13, 15 (7th Cir. 1985).
- Federated Mut. Ins. Co. v. Federated Nat'l Holding Co., No. 0:18-cv-00714 (D. Minn. Sept. 11, 2018).Union, Chicago Paper Handlers’ & Electrotypers’ Local No. 2 v. Chicago Tribune Co., 779 F.2d 13, 15 (7th Cir. 1985).
- Valspar Corp. v. Nat'l Union Fire Ins., 81 F. Supp. 3d 729 (D. Minn. 2014).publishedBut as the Seventh Circuit noted nearly 30 years ago in Graphic Communications Union, Chicago Paper Handlers’ & Electrotypers’ Local No. 2 v. Chicago Tribune Co., 779 F.2d 13, 15 (7th Cir.1985), “the fact that an order to arbitrate imposes…
- Nat. Resources Def. Council v. United States Food & Drug Admin., 884 F. Supp. 2d 108 (S.D.N.Y. 2012).published (noting that if costs imposed by compliance with court order constituted irreparable harm, every such order “would be deemed to create irreparable harm, and it would be easy to get such orders stayed)
- Unite Here Local 217 v. Sage Hosp. Resources, 722 F. Supp. 2d 169 (D.R.I. 2010).publishedGraphic Comm’s Union, Chicago Paper Handlers’ & Electrotypers’ Local No. 2 v. Chicago Tribune Co., 779 F.2d 13, 15 (7th Cir.1985).
- Indep. Lift Truck Builders Union v. Hyster Co., 803 F. Supp. 1374 (C.D. Ill. 1992).published PaineWebber, 843 F.2d. at 1053 ; Graphic Communications, 779 F.2d at 15.
Show 6 more citing cases
- United Paperworkers Int'l, Local 395 v. ITT Rayonier, Inc., 752 F. Supp. 427 (M.D. Fla. 1990).published In Graphic Communications Union v. Chicago Tribune Co., 779 F.2d 13 (7th Cir.1985), the Seventh Circuit admonished, “employers w;ho seek stays merely on the ground that the arbitration may turn out to be a wasted expense of time and money…
- Painewebber Inc. v. Franklin Farnam, 843 F.2d 1050 (7th Cir. 1988).published We rejected that contention, holding that the ordinary incidents of litigating (or arbitrating) a case are not “irreparable injury”. 779 F.2d at 15.
- Sentry Ins. v. Pearl, 662 F. Supp. 1171 (E.D. Pa. 1987).published Id. at 16.
- Graphic Commc'ns Union v. Chicago Tribune Co., 794 F.2d 1222 (7th Cir. 1986).published Graphic Communications Union, Chicago Paper Handlers' & Electrotypers' Local No. 2 v. Chicago Tribune Co., 779 F.2d 13, 15 (7th Cir.1985) 3 It is, of course, axiomatic that arguments not raised below are generally waived on appeal.
- Emery Air Freight Corp. v. Local Union 295, 786 F.2d 93 (2d Cir. 1986).published Renegotiation Board v. Bannercraft Clothing Co., 415 U.S. 1, 24 , 94 S.Ct. 1028, 1040 , 39 L.Ed.2d 123 (1974); Graphic Communications, supra, 779 F.2d at 15.
- United Steelworkers of Am. v. Fermet Reclamation, Ltd., 627 F. Supp. 1213 (N.D. Ill. 1986).publishedInsurance Grievance Analysis At least from the time of the Steelworkers Trilogy, 10 and continuing through *1217 last month’s decision by our Court of Appeals in Graphic Communications Union, Chicago Paper Handlers’ & Electrotypers’ Local…
dismissal for failure to prosecute and to comply with local rules
- (PC) Henderson v. CDCR, No. 2:23-cv-00726 (E.D. Cal. June 25, 2024).(dismissal for failure to prosecute and to comply with local rules)
- (PC) Israel v. Carter, No. 2:21-cv-01267 (E.D. Cal. Dec. 11, 2023).(dismissal for failure to prosecute and to comply with local rules)
- Mendoza v. Doubleroad Truck, No. 1:22-cv-01390 (E.D. Cal. Apr. 18, 2023).(dismissal for failure to prosecute and to comply with local rules)
- Domino v. California Corr. Health Care Servs., No. 1:19-cv-01790 (E.D. Cal. Aug. 27, 2020).(dismissal for failure to prosecute and to comply with local rules)
At page 16 Irreparable harm warranting stay of arbitration4 citing cases“We are not gifted with prevision, and therefore we decline to say that a party ordered to arbitrate can never show irreparable harm such as might support a request that the order be stayed pending appeal.”
- INTL FCStone Fin. Inc. v. Jacobson, No. 1:19-cv-01438, 2019 WL 2356989 (N.D. Ill. June 4, 2019). Both cases expanded upon the strong language that the Seventh Circuit used in PaineWebber v. Farnam, 843 F.2d at 1052-53 and Graphic Communications Union v. Chicago Tribune, 779 F.2d at 16, to dissuade litigants from seeking to stay orders…
- Indep. Lift Truck Builders Union v. Hyster Co., 803 F. Supp. 1374 (C.D. Ill. 1992).published PaineWebber, 843 F.2d. at 1053 ; Graphic Communications, 779 F.2d at 15.
- United Paperworkers Int'l, Local 395 v. ITT Rayonier, Inc., 752 F. Supp. 427 (M.D. Fla. 1990).published In Graphic Communications Union v. Chicago Tribune Co., 779 F.2d 13 (7th Cir.1985), the Seventh Circuit admonished, “employers w;ho seek stays merely on the ground that the arbitration may turn out to be a wasted expense of time and money…
- Sentry Ins. v. Pearl, 662 F. Supp. 1171 (E.D. Pa. 1987).published Id. at 16.
dismissal for lack of prosecution and failure to comply with local rules
- (PC) Anderson v. Beregovskaya, No. 1:21-cv-01451 (E.D. Cal. Feb. 7, 2022). (dismissal for lack of prosecution and failure to comply with local rules)
- (PC) Washington v. Newsome, No. 1:21-cv-00840 (E.D. Cal. Nov. 17, 2021). (dismissal for lack of prosecution and failure to comply with local rules)
- (PC) Montecastro v. Newsom, No. 1:20-cv-00689 (E.D. Cal. Nov. 4, 2020). (dismissal for lack of prosecution and failure to comply with local rules)
Other citing cases
- Banga v. Lustig, No. 1:22-cv-09825 (S.D.N.Y. July 24, 2025).
- Alo v. Goldsmith, No. 1:23-cv-00536 (E.D. Cal. Sept. 6, 2023).
- Kendall DeJuan Simon v. State of California, No. 2:21-cv-06656 (C.D. Cal. July 28, 2022).
- Louis Lee v. Kijakazi Kilolo, No. 2:20-cv-09929 (C.D. Cal. June 28, 2022).
- North Am. Ass'n v. Smith, No. 2:20-cv-01650 (D. Nev. Sept. 16, 2020).
- (PC) McCoy v. Milligan, No. 2:23-cv-00700 (E.D. Cal. July 22, 2025).
- (PC) Singh v. Cnty. of Sacramento, No. 2:22-cv-00634 (E.D. Cal. May 27, 2025).
- (PC) Nasir v. Lee, No. 2:19-cv-01296 (E.D. Cal. Mar. 16, 2020).
- Johnson v. City of Syracuse Dep't of Neighborhood & Bus. Dev., No. 3:24-cv-01838 (S.D. Cal. Apr. 7, 2025).
- Timberton Golf, L.P. v. McCumber Constr., Inc., 788 F. Supp. 919 (S.D. Miss. 1992).published
Show 1 more citing case
- Mesa Operating Ltd. P'ship v. Louisiana Intrastate Gas Corp., 797 F.2d 238 (5th Cir. 1986).published
v.
CHICAGO TRIBUNE COMPANY and Chicago Newspaper Publishers' Association
The defendants in this suit by a union to compel arbitration have asked us for a stay pending their appeal of the district court’s judgment ordering arbitration. See Fed.R. App.P. 8(a). Not only has the request for a stay no merit but the whole class of requests that it illustrates has no merit, a point we wish to emphasize in order to discourage the making of such requests in the future.
This suit was brought almost a year ago. It charged that the Chicago Tribune Company had violated an arbitration clause in an expired collective bargaining agreement (to which the publishers’ association, the other defendant, is also a signatory), by refusing to arbitrate a labor dispute arising from the company’s decision to hire certain employees directly rather than through the union’s hiring hall, which the company alleges engages in racial and sex discrimination. The suit was based on section 301 of the Taft-Hartley Act, 29 U.S.C. § 185, which creates a federal remedy for breaches of collective bargaining contracts. The only relief sought by the union was an order to arbitrate; this the district judge granted, see 613 F.Supp. 873 (N.D.Ill.1985); and since it was the terminating event of the lawsuit, it is an appealable final order[*15] even though in a sense it merely shifts the dispute to another forum, the arbitral tribunal. See University Life Ins. Co. v. Unimarc Ltd., 699 F.2d 846, 848 (7th Cir.1983). The defendants requested the district judge to stay the order pending appeal but this was refused.
Although it might seem odd that a company should have a duty to arbitrate a dispute that arose after the contract containing the arbitration clause expired, there is precedent for imposing such a duty and, in fact the district judge in denying the stay opined that the defendants had little likelihood of prevailing on their appeal from her order that they arbitrate the dispute. Having no desire to prejudice the appeal by premature comment we shall say nothing about our view of the likelihood of the appeal’s succeeding. It is unnecessary for us to do so. Being likely to prevail is a necessary but not sufficient condition for obtaining a stay (or other injunctive relief) pending appeal; another necessary condition is that the appellant will suffer irreparable harm if the stay is denied. Adams v. Walker, 488 F.2d 1064 (7th Cir.1973). That condition is not satisfied in this case.
The defendants make two arguments for why they will suffer irreparable harm if the stay is denied. First they say they will incur a substantial expense in time and money, and second and inconsistently they say that if they win the arbitration the appeal may become moot. But if the defendants win the arbitration the time and money they will have spent on it may not have been wasted; they might have had to spend the same time and money (or very possibly more of both) to litigate the underlying dispute with the union in some other forum. In any event the fact that an order to arbitrate imposes a cost, the cost of the arbitration, whether it is an opportunity cost of time or an out-of-pocket expense for lawyers or witness fees or whatever, or both types of costs, does not show irreparable harm. Otherwise every order to arbitrate would be deemed to create irreparable harm, and it would be easy to get such orders stayed. That however would fly in the face of the strong federal policy in favor of arbitrating disputes in general and labor disputes in particular. See, e.g., United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 (1960). Arbitration is supposed to be swift. It will not be. swift if orders to arbitrate are routinely stayed pending appeals from those orders. Then the typical arbitration will proceed as follows: the union demands arbitration; the employer refuses; the union sues to compel arbitration; the employer resists the suit; the district court orders arbitration; the employer appeals; the order is stayed pending appeal; the court of appeals affirms; at last, years after the dispute arose, the arbitration can begin. This pattern would make a mockery of arbitration as a swift and effective remedy in labor disputes.
The defendants have not made a case for a stay of arbitration. What is more, we find it very difficult to imagine how such a case could be made. The only harm that an order to arbitrate does is to make the party against whom the order is issued litigate a dispute in a forum not of his choosing. That is no different from the harm of being turned down on a motion to dismiss or for summary judgment, thereby being forced to try a case that one does not believe should be tried, or from the harm of being transferred to another district court or remanded to a state court; and in none of these cases is the disappointed party allowed to take an immediate appeal; with exceptions not material to this case, these are deemed neither final orders nor injunctions. See, e.g., Freeman United Coal Mining Co. v. Director, Office of Workers’ Compensation Programs, 721 F.2d 629 (7th Cir.1983); Silver v. Secretary of the Army, 554 F.2d 664, 665 (5th Cir.1977) (per curiam); In re Dalton, 733 F.2d 710, 714-15 (10th Cir.1984); 28 U.S.C. § 1447(d). Indeed it is rather a fluke in the law that allows an order to arbitrate to be appealed before the arbitration is completed — and such an appeal is allowed only if the order to arbitrate ends the proceeding in the district court. If the proceeding remains pending, the order to arbitrate is not ap-pealable, even though its effect may be to suspend all proceedings in the district court[*16] while the parties (one unwillingly) submit to arbitration. Whyte v. THinc Consulting Group Int’l, 659 F.2d 817, 818 (7th Cir.1981).
We are not gifted with prevision, and therefore we decline to say that a party ordered to arbitrate can never show irreparable harm such as might support a request that the order be stayed pending appeal. But we are confident that such cases will be extraordinarily rare, that this case is not one, that employers who seek stays merely on the ground that the arbitration may turn out to be a wasted expense of time and money are whistling in the dark, and that we will not hesitate to mete out sanctions in future cases to persons who make applications for stays of arbitration in circumstances such as disclosed by the record of this case. We are concerned that some companies may be trying to reduce the credibility of unions by dragging out the grievance process in collective bargaining agreements by means of pertinacious challenges to orders to arbitrate, a tactic we do not wish to encourage. See Ethyl Corp. v. United Steelworkers, 768 F.2d 180, 188 (7th Cir.1985); Miller Brewing Co. v. Brewery Workers Local Union No. 9, 739 F.2d 1159, 1168 (7th Cir.1984). We shall not impose sanctions in this case; but let this opinion be a warning.
Stay Denied.