Badgerow v. Walters
Holding
Federal jurisdiction in a petition to compel arbitration under Section 4 of the Federal Arbitration Act is determined by "looking through" the petition to the jurisdictional basis of the "underlying substantive controversy," Vaden v. Discover Bank, but that approach does not apply to petitions to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA.
Judgment
Reversed and remanded, 8-1, in an opinion by Elena Kagan on Mar 31, 2022. Justice Breyer filed a dissenting opinion.
Feb 12, 2021Petition for a writ of certiorari filed. (Response due March 24, 2021)Mar 24, 2021Brief of respondents Greg Walters, et al. in opposition filed.Apr 2, 2021Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 7, 2021 to April 14, 2021, submitted to The Clerk.
Apr 5, 2021Motion to delay distribution of the petition for a writ certiorari until April 14, 2021 granted.
Apr 14, 2021DISTRIBUTED for Conference of 4/30/2021.
Apr 16, 2021Reply of petitioner Denise A. Badgerow filed. (Distributed)May 10, 2021DISTRIBUTED for Conference of 5/13/2021.
May 17, 2021Petition GRANTED.
May 28, 2021Motion for an extension of time to file the briefs on the merits filed.Jun 4, 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 22, 2021. The time to file respondents' brief on the merits is extended to and including September 10, 2021.
Jun 17, 2021Motion to dispense with printing the joint appendix filed by petitioner Denise A. Badgerow.Jun 28, 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 22, 2021Brief of petitioner Denise A. Badgerow filed.Aug 16, 2021ARGUMENT SET FOR Tuesday, November 2, 2021.
Sep 1, 2021Record requested from the U.S.C.A. 5th Circuit.
Sep 1, 2021The record from the U.S.C.A. 5th Circuit is electronic and availble on Pacer.
Sep 10, 2021Brief of respondents Greg Walters, et al. filed.Sep 17, 2021Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)Sep 17, 2021Brief amicus curiae of Securities Industry and Financial Markets Association filed.(Distributed)Sep 17, 2021Brief amicus curiae of Arbitration Scholar Imre Stephen Szalai filed. (Distributed)Sep 21, 2021CIRCULATED
Oct 12, 2021Reply of petitioner Denise A. Badgerow filed. (Distributed)Nov 2, 2021Argued. For petitioner: Daniel L. Geyser, Dallas, Tex. For respondents: Lisa S. Blatt, Washington, D. C.
Mar 31, 2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Breyer, J., filed a dissenting opinion.
May 2, 2022JUDGMENT ISSUED.
Recommended Citation: Badgerow v. Walters, SCOTUSblog, https://www.scotusblog.com/cases/badgerow-v-walters/