There has been a good deal of recent attention given to the Supreme Court's so-called "shadow docket," a term that refers generally to the Court's (conservative majority's) issuing brief orders and unsigned opinions resolving procedural motions in a way that effectively disposes of cases, but without their having been fully briefed and argued.
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq.
On March 31, in Badgerow v. Walters, by an 8-1 majority (opinion written by Justice Kagan, and a lone dissent by Justice Breyer), the Court reversed an order of the Fifth Circuit and held that the federal courts do not have authority to “look through” an arbitration dispute for a federal question that would establish jurisdiction to confirm or deny an arbitral award.
Blog Editors
Recent Updates
- Watch: DOJ’s New Self-Disclosure Rules: Decide Fast or Lose the Credit – Speaking of Litigation
- AI Medical Technology Meets IP Law in Patent Infringement Suit
- DOJ Civil Division Announces Accelerated Review of FCA Whistleblower Complaints Involving Federally Funded, State-Administered Benefits Programs
- Washington Amends CEMA: Plaintiffs Rush to File Actions Before June 11, 2026 Effective Date
- Five Cases Health Care and Life Sciences GCs Should Keep Watching in 2026