Page:Lamps Plus, Inc. v. Frank Varela.pdf/27

4 process unless and until that process has run its course.

With §16’s structure, and Congress’ policy in mind, we can turn to the facts of this case.

Respondent Frank Varela is an employee of petitioner Lamps Plus, Inc. At the outset of their employment relationship, Varela and Lamps Plus agreed to arbitrate employment-related claims. Varela later filed suit against Lamps Plus on behalf of himself and a class of Lamps Plus’ employees. Lamps Plus asked the District Court to compel arbitration. And the District Court granted Lamps Plus’ request. Despite having won the relief that it requested, Lamps Plus appealed the District Court’s order because Lamps Plus objected to the District Court’s conclusion that the parties’ agreement permitted arbitration on a classwide basis. The Court of Appeals affirmed the District Court’s judgment. And we granted Lamps Plus’ petition for certiorari to consider whether the Court of Appeals erred in so ruling.

But on those facts, I think that the Court lacks jurisdiction over Lamps Plus’ petition. When Lamps Plus responded to Varela’s lawsuit by seeking a motion to compel arbitration, and the District Court granted that motion, this case fell neatly into §16(b)’s description of unappealable district court orders under the FAA. The parties were obligated by the FAA to arbitrate their dispute without the expense and delay of further litigation. If, after arbitration, the parties were dissatisfied with the award or with the District Court’s arbitration related decisions, §16(a) of the FAA provides for an appeal at that later date. See §§16(a)(1)(D)–(E) (permitting appeals of orders confirming, modifying, or vacating an award); see also §16(a)(3) (permitting appeal of “a final decision with respect to an arbitration”). But, in the interim, §16(b) deprived the Court of Appeals of jurisdiction to hear any