Arbitration

July 23rd, 2019 by Rieders Travis in Arbitration

ARBITRATION-UBER O’Hanlon v. Uber Techs., 2021 U.S. App. LEXIS 7716 (3rd Cir. March 17, 2021) (Krause, C.J.)  As Uber would tell it, when Plaintiffs filed their disability-discrimination suit in federal court, they wound themselves in a Gordian knot: They do not have standing to sue unless they would agree to Uber's Terms of Use, but those terms would require Plaintiffs to arbitrate their claim instead of litigating it in federal court. Uber urges that the only way to untie this knot is for us to reverse the District Court's ruling that Plaintiffs have standing, a decision not generally reviewable on interlocutory appeal, as well as its ruling that Plaintiffs have no contractual obligation to arbitrate. Our precedent, however, makes this case far less knotty than Uber suggests. We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial of a motion to compel arbitration, our appellate jurisdiction is confined to review of that order. 762 F.3d 264, 269 (3d Cir. 2014). We not only have no independent obligation to review non-appealable orders—even jurisdictional ones. We also have no power to do so unless we can exercise…