The Expert's Examiner


THIS JUST IN: SCOTUS DECIDES BADGEROW
March 31, 2022

Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters, No. 20-1143, ruling 8-1 that the “look through” doctrine does not apply to actions to confirm or vacate an arbitration award under sections 9 and 10 of the Federal Arbitration Act (“FAA”), even though it does for motions to compel arbitration under section 4.

As reported in SAA 2021-19 (May 20), the Supreme Court in May 2020 granted Certiorari in this case involving application of the “look through” standard. Specifically, the Court agreed to review Badgerow v. Walters, 975 F.3d 469 (5th Cir. 2020), a case we analyzed in SAA 2020-36 (Sep. 23). In the underlying case, the Fifth Circuit held that the District Court was correct when it applied the “look through” standard to determine that it could remove a state court action to vacate a FINRA Award. For a full analysis see: This Just In: SCOTUS Decides Badgerow, SAA Blog (Mar. 31, 2022).

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