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SCOTUScast 7-5-09 featuring Brian Brooks

Vaden v. Discover Bank

July 5, 2009

Brian P. Brooks

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 SCOTUScast 7-5-09 featuring Brian Brooks - MP3
Running Time: 00:11:29

On Monday, March 9, the Supreme Court announced its decision in Vaden v. Discover Bank. In this case, the Supreme Court considered whether a suit brought under the Federal Arbitration Act “aris[es] under” federal law when the petition to compel raises no federal question, but the underlying dispute does involve federal law. In an opinion delivered by Justice Ginsburg, the Court held that, following the well-pleaded complaint rule, federal jurisdiction for the purposes of compelling arbitration cannot rest upon the contents of a counterclaim, reversing the Fourth Circuit decision below. O’Melveny and Myers partner Brian Brooks discusses the decision.


Oral Argument - October 6, 2008:


Decision - March 9, 2009:


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