April 29, 2023
KSG Motion to Certify the Court’s March 31, 2023 Order For Interlocutory Appeal Under 28 U.S.C. §1292(b) and Clarification
On April 28 Kohn Swift requested that the U.S. District Court for the Middle District of Florida allow an interlocutory appeal to the Eleventh Circuit Court of Appeals on two issues: (1) that Plaintiffs are not forced to arbitrate their human trafficking claims before a board of Scientology “arbitrators” and may instead proceed in a court, and (2) whether forcing Plaintiffs to participate in the Scientology religious arbitration process violates their First Amendment right to leave their religion. Kohn Swift also requested that the Court clarify which arbitration terms, of the 12 conflicting agreements presented by Defendants, control for each Plaintiff.
Plaintiffs argued that “a decision that produces a ‘surprising and shocking’ result, based on a body of law that is ‘not a model of clarity,’ and that the Court reached because it believes that its ‘hands are tied’ is exactly the sort of decision that is ripe for interlocutory appeal.”