There has been a good deal of recent attention given to the Supreme Court's so-called "shadow docket," a term that refers generally to the Court's (conservative majority's) issuing brief orders and unsigned opinions resolving procedural motions in a way that effectively disposes of cases, but without their having been fully briefed and argued.
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq.
On March 31, in Badgerow v. Walters, by an 8-1 majority (opinion written by Justice Kagan, and a lone dissent by Justice Breyer), the Court reversed an order of the Fifth Circuit and held that the federal courts do not have authority to “look through” an arbitration dispute for a federal question that would establish jurisdiction to confirm or deny an arbitral award.
Blog Editors
Recent Updates
- The Sleeping Giant: New York’s Commercial Division Expert Disclosure Rules
- Commission Commitments: Massachusetts Appeals Court Upholds Obligation to Continue Paying Commission for the Life of the Underlying Customer Relationship
- A Win for Out-of-Network Providers
- Mastering Legal Writing: Elevate Your Written Advocacy – Speaking of Litigation Video Podcast
- DOJ’s First Civil Cyber-Fraud Initiative Litigation Serves as Warning to Government Contractors Who Fail to Abide by Contractual and Statutory Cybersecurity Requirements