Opinion of the Court
244 (1980) (“Mere litigation expense, even substantial and unrecoupable cost, does not constitute irreparable injury” (internal quotation marks omitted)); App. to Pet. for Cert. 43a (District Court in Bielski stating that “[m]ere litigation expenses do not generally constitute irreparable injury” for purposes of stay pending appeal). In any event, the background Griggs rule applies regardless of how often courts might otherwise grant stays under the ordinary discretionary stay factors.
Fifth, Bielski relies on this Court’s statement that questions of arbitrability are “severable from the merits of the underlying disputes.” Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U. S. 1, 21 (1983). But the sole issue here is whether the district court’s authority to consider a case is “involved in the appeal” when an appellate court considers the threshold question of arbitrability. Griggs, 459 U. S., at 58. The answer is yes, and Moses H. Cone says nothing to the contrary. *** We conclude that, after Coinbase appealed from the denial of its motion to compel arbitration, the District Court was required to stay its proceedings. On remand, we anticipate that the Ninth Circuit here, as we anticipate in §16(a) appeals more generally, will proceed with appropriate expedition when considering Coinbase’s interlocutory appeal from the denial of the motion to compel arbitration. We reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.[1]
It is so ordered.
- ↑ The Court’s judgment today pertains to respondent Abraham Bielski. The writ of certiorari as to respondents David Suski et al. is dismissed as improvidently granted.
