Wednesday, March 19, 2008

Cert. Granted

On Monday, the Supreme Court granted Certiorari in Vaden v. Discover Bank.  The case presents two interesting jurisdictional issues, which I plan to write more about as the case approaches:

1. Whether a suit seeking to enforce a state-law arbitration obligation brought under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, “aris[es] under” federal law, see 28 U.S.C. § 1331, when the petition to compel itself raises no federal question but the dispute sought to be arbitrated—a dispute that the federal court is not asked to and cannot reach— involves federal law.

2. If so, whether a “completely preempted” state law counterclaim in an underlying state-court dispute can supply subject matter jurisdiction.


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