Second Circuit Appeal--It is the practice of the Second Circuit to have the staff prepare a memorandum on emergency motions prior to the hearing. These are the important issues that I see being discussed in the appeal, which could take a bit of time to research:
1. An administrative law judge ruled that Nokai had waived its right to arbitrate. Under the doctrine of collateral estoppel, was Judge Batts required to accept that ruling as binding on Nokia in her court? If so, she should have immediately ruled against Nokia in their request for arbitration.
2. Should Judge Batts have exercised jurisdiction when there already was a pending case in the federal Del. District Court between Nokia and IDCC where Nokia should have raised its arbitration claim?
3. Since Judge Batts did not make any detailed findings of fact and rulings of law when she made her decision, should her ruling immediately be reveresed and remanded to her to make the required findings?
4. Does a federal judge have the power to require a party in a case before an administrative agency to actually ask that administrative agency to stay or dismiss the case?
5. Since Congress has entacted federal law that provides for the Federal Circuit Court of Appeals to hear appeals from ITC decisions, can a federal district judge make rulings that effectively reverse an administrative law judge in the middle of an investigation?
If I were the law clerk, my opinion would be that Nokia loses on any and all of these points. It may, however, take some time for the memorandum to be prepared. My guess would be that we may see a docket entry showing that the Court asked Nokia to agree to put the matter over until Tuesday, the usual date for oral argument. If not, then it could be scheduled for tomorrow or Friday, or the court may issue its own temporary stay until the motion is heard.
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