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On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters. In an 8-1 decision, the Court reversed and remanded the judgment of the U.S. Court of the Appeals for the Fifth Circuit, holding that Vaden’s “look-through” approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under Sections 9 and 10 of the FAA.
Justice Kagan delivered the opinion of the Court. Justice Breyer filed a dissenting opinion.
Please join our legal experts to discuss the case, the legal issues involved, and the implications going forward.
— Bradley Hubbard, Senior Associate and Member, Appellate and Constitutional Law Practice Group, Gibson, Dunn & Crutcher
— Elizabeth Kiernan, Associate and Member, Appellate and Constitutional Law Practice Group, Gibson, Dunn & Crutcher
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