Badgerow v. Walters

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals

Fifth Circuit

FILED ___________

May 11, 2022 No. 19-30766 Lyle W. Cayce ___________ Clerk

Denise A. Badgerow,

Plaintiff—Appellant, versus

Greg Walters; Thomas Meyer; Ray Trosclair,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:19-CV-10353

______________________________ ON REMAND FROM

THE SUPREME COURT OF THE UNITED STATES Before Jolly, Graves, and Duncan, Circuit Judges.

Per Curiam:

This case comes to us on remand from the Supreme Court. In its opinion, the Court reversed our holding that subject-matter jurisdiction for an action under sections 9 and 10 of the Federal Arbitration Act could be provided by “looking through” to the controversy underlying the arbitration. Badgerow v. Walters, 142 S. Ct. 1310, 1314 (2022). Moreover, and as the Court stated, there can be no resort to federal question or diversity jurisdiction in

No. 19-30766 this case because the “applications [to confirm or vacate the arbitration award] raise no federal issue,” and “[Walters] and Badgerow are from the same State.” Id. at 1316. Since neither diversity nor a federal question are present, and a “look through” approach is not viable, there is no basis for the federal courts to assert jurisdiction.

IT IS THEREFORE ORDERED that this case is REMANDED to the United States District Court for the Eastern District of Louisiana with instructions to remand to state court.