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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Vaden v. Discover Bank
Citation:
556 U.S. 49, 129 S. Ct. 1262, 173 L. Ed. 2D 206 (2009)Facts
Discover Bank filed a state-law debt collection action against Betty Vaden in Maryland state court, seeking to recover approximately $10,610.74 in past-due credit card charges. Vaden responded with state-law counterclaims, styled as class actions, alleging that Discover’s finance charges, interest, and late fees violated Maryland’s credit laws. Although their credit card agreement contained an arbitration clause, neither party initially invoked it. Facing Vaden’s counterclaims, Discover petitioned the federal district court to compel arbitration under Section 4 of the FAA. Discover argued that the court had federal-question jurisdiction because Vaden’s state-law counterclaims were completely preempted by Section 27(a) of the Federal Deposit Insurance Act. The district court agreed and ordered arbitration, which the Fourth Circuit ultimately affirmed, holding that courts should “look through” the petition to the underlying substantive controversy to determine jurisdiction.
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