Arthur Andersen LLP v. Carlisle
In Arthur Andersen LLP v. Carlisle, 556 U.S. 624, (2009), the Supreme Court instructed that circuit courts should not consider the underlying merits of an appeal from the denial of a stay in determining whether they have jurisdiction.
Instead, any litigant who asks for a stay under 9 U.S.C. 3 is entitled to an immediate appeal from denial of that motion-regardless of whether the litigant is in fact eligible for a stay. Id. at 627.
Jurisdiction over the appeal . . . must be determined by focusing upon the category of order appealed from, rather than upon the strength of the grounds for reversing the order. Id. at 628.