BADGEROW v. WALTERS (2022)

United States Court of Appeals, Fifth Circuit.

Denise A. BADGEROW, Plaintiff—Appellant, v. Greg WALTERS; Thomas Meyer; Ray Trosclair, Defendants—Appellees.

No. 19-30766

Decided: May 11, 2022

Before Jolly, Graves, and Duncan, Circuit Judges. Amanda Jeanne Butler, Trial Attorney, Business Law Group, New Orleans, LA, for Plaintiff-Appellant. Eve Barrie Masinter, Matthew Miles McCluer, Ernst Fredrick Preis, Jr., Breazeale, Sachse & Wilson, L.L.P., New Orleans, LA, for Defendants-Appellees.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

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, ––– U.S. ––––, 142 S. Ct. 1310, 1314, ––– L.Ed.2d –––– (2022). Moreover, and as the Court stated, there can be no resort to federal question or diversity jurisdiction in 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.

Per Curiam: