Title:

Betty E. Vaden v. Discover Bank, et al.

Subject:

Arbitration, Civil Procedure, Preemption

Questions:

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. section 4, "aris[es] under" federal law, see 28 U.S.C. section 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.

Decisions:

• U.S. Court of Appeals - 4th Circuit Opinion Filed: June 13, 2007
• United States Supreme Court Cert. Granted: March 17, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.