Michele Blakely v. CarMax Auto Superstores, Inc., et al.
Arbitration Jurisdiction
Whether federal district courts have subject matter jurisdiction in removal actions involving multiple defendants and arbitration awards when citizenship and jurisdictional requirements are ambiguous
This petition for a writ of certiorari is procured to determine and resolve significantly important jurisdictional matters that effect the administration of justice. Those jurisdictional matters concern federal District Courts ’ subject matter jurisdiction in removal actions and to confirm or vacate arbitration awards under the Federal Arbitration Act. In removal actions, federal District Courts ’ subject matter jurisdiction is granted when a federal question is presented on the face of the Plaintiff ’s petition (28 U.S.C. § 1331) or when the parties are diverse and the amount in controversy exceeds $75,000 (28 U.S.C. § 1332(a)). In removal actions based on federal diversity jurisdiction, pursuant to 28 U.S.C. § 1332(c)(1), a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business. The Federal Arbitration Act does not, in itself, grant federal subject matter jurisdiction simply because an FAA matter is presented before the court. This Court has held that federal courts may entertain an action brought under the FAA only if there is an “independent jurisdictional basis ”, “that means the applicant must identify a grant of jurisdiction... conferring access to a federal forum ” Badgerow v. Walters, 596 U.S. 1,4, 8 (2022). That holding further held that determining “whether an action brought under Section 9 or 10 has an independent jurisdictional basis ” is by the “face of the application itself ’. Id. The following questions presented for review will resolve conflicts of federal District Court ’s subject matter jurisdiction for removal actions pursuant to 28 U.S.C. § 1332(a), 28 U.S.C. § 1332(c)(1), 28 U.S.C. § 1441(b)(2) and jurisdiction to confirm or vacate arbitration awards: 3 1. In removal actions involving multiple defendants, does a District Court have federal subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) when one defendant ’s citizenship is not plead in a notice of removal or known at the time of removal and prior to judgment? 2. In a removal action, does a District Court have federal subject matter jurisdiction when the amount in controversy cannot be exceeded because a request for special damages, which may exceed the jurisdictional amount, is prohibited without leave of the State court for diversity of citizenship purposes? 3. For diversity of citizenship purposes, is a corporation a citizen of every state in which it has incorporation status deeming it to have multiple states of incorporation or only the original state in which the corporation is incorporated? 4. Does a District Court have federal subject matter jurisdiction to confirm or vacate arbitration awards under the Federal Arbitration Act when diversity of citizenship is not pled, the amount of the award does not exceed the jurisdictional amount, and the application presents no federal question?