Warning
Info
Warning
Info
Simple English definitions for legal terms
Enelow–Ettelson rule
Read a random definition: totidem verbis
A quick definition of Enelow–Ettelson rule:
Enelow-Ettelson Rule: A rule that used to say that if a federal court case was put on hold while waiting for a decision on a fair defense (like arbitration), it could be appealed as an injunction if the case could have been a regular lawsuit before the law and equity were combined. This rule was made by two court cases: Enelow v. New York Life Ins. Co. and Ettelson v. Metropolitan Life Ins. Co.
A more thorough explanation:
The Enelow-Ettelson rule is a legal doctrine that is no longer in effect. It stated that if a federal court proceeding was put on hold while an equitable defense (such as arbitration) was being determined, that hold was considered an injunction and could be appealed under 28 USCA § 1292(a)(1). This was only applicable if the proceeding that was put on hold could have been maintained as an action at law before the merger of law and equity.
For example, if a person filed a lawsuit in federal court seeking damages for breach of contract, but the defendant argued that the contract required arbitration, the court could put the lawsuit on hold while the arbitration was being determined. Under the Enelow-Ettelson rule, this hold would be considered an injunction and could be appealed.
However, this rule is no longer in effect and has been replaced by other legal doctrines.