Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds

In Badgerow v. Walters, No. 19-30766 (5th Cir. Sept. 15, 2020), the Fifth Circuit holds that the “look-through” analysis for determining federal jurisdiction in actions to compel arbitration under Section 4 of the FAA reviews the entire underlying dispute in arbitration, not just the specific claims included in the petition. Plaintiff – a terminated employeeContinue reading “Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds”

Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit

In Hinkley v. Envoy Air, Inc., No. 19-10848 (5th Cir. Aug. 4, 2020), the panel is presented with a convoluted problem of removal from state court under 28 U.S.C. § 1441(a) that was filed in the wrong federal district. The panel holds that such a defect is only procedural rather than jurisdictional and was thusContinue reading “Removal to the Wrong Federal District Court Is A Procedural, Not Jurisdictional, Defect According to the Fifth Circuit”

No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit

In Patel v. Hamilton Medical Center, Inc., No. 19-13088 (11th Cir. July 30, 2020), the Eleventh Circuit holds that there is no federal-question subject matter jurisdiction over a declaratory action brought by a doctor against a hospital for suspending his privileges. Although the plaintiff’s claim arose under state law (and the parties were apparently non-diverse),Continue reading “No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit”