Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 3:13-cv-01025—Bernard A. Friedman, District Judge.
Argued: October 22, 2020
Decided and Filed: December 30, 2020
Before: BATCHELDER, MOORE, and ROGERS, Circuit Judges.
ROGERS, Circuit Judge. Paul Dorsa filed suit under the False Claims Act against
Miraca Life Sciences, Inc., alleging unlawful retaliation. Miraca sought to dismiss the retaliation
claim because Dorsa—a former Miraca executive—had agreed to binding arbitration as a
provision of his employment agreement with the company. The district court denied Miraca’s
motion to dismiss because it found that the arbitration clause did not cover Dorsa’s retaliation
claim. Miraca appeals the district court’s order and Dorsa seeks to dismiss the appeal. Because
the district court’s order was not a final order, and because the narrow provision of the Federal
Arbitration Act that authorizes immediate appeals of certain interlocutory orders does not apply
here, the court lacks jurisdiction.