Republic Finance v. Cauthen

343 F. Supp. 2d 529, 2004 U.S. Dist. LEXIS 26572, 2004 WL 2526432
CourtDistrict Court, N.D. Mississippi
DecidedAugust 19, 2004
Docket1:03 CV 309-D-D
StatusPublished
Cited by2 cases

This text of 343 F. Supp. 2d 529 (Republic Finance v. Cauthen) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Republic Finance v. Cauthen, 343 F. Supp. 2d 529, 2004 U.S. Dist. LEXIS 26572, 2004 WL 2526432 (N.D. Miss. 2004).

Opinion

OPINION GRANTING MOTION TO COMPEL ARBITRATION

DAVIDSON, Chief Judge.

Presently before the Court is the Plaintiffs’ motion to compel arbitration pursuant to Section Four of the Federal Arbitration Act. Upon due consideration, the Court finds that the motion should be granted.

A. Factual and Procedural Background

The Defendants initiated an action in state court alleging various state law claims arising out of consumer loan transactions and the issuance of related insurance policies. In connection with execution of the loan documents, the Defendants signed arbitration agreements. The Plaintiffs, the state court defendants, filed this action seeking an order compelling the Defendants to arbitrate their claims and a stay of the state court action. The Defendants argue, inter alia, that the arbitration agreement was fraudulently obtained and is, therefore, not enforceable.

B. Discussion

1. Subject Matter Jurisdiction

Before addressing the merits of the Plaintiffs’ motion, the Court must secure jurisdiction to make such determinations. The Plaintiffs filed their petition to compel arbitration pursuant to the Federal Arbitration Act (“FAA”). 9 U.S.C. § 2. Federal jurisdiction, however, is not evoked by merely citing a federal statute. Rio Grande Underwriters, Inc. v. Pitts Farms, Inc., 276 F.3d 683, 687 (5th Cir.2001). The Fifth Circuit has made it clear that the FAA alone does not confer federal jurisdiction. Id. at 685. (holding that “[a] party may obtain relief in federal court under the Federal Arbitration Act only when the underlying civil action would otherwise be subject to the court’s federal question or diversity jurisdiction.”). This action is based upon diversity jurisdiction and there is no argument that diversity and the requisite amount in controversy is lacking. 28 U.S.C. § 1332.

The Defendants’ first argument attempts to displace this Court’s jurisdiction by asserting that the Plaintiffs have failed to show that the underlying transactions “substantially affects interstate com *533 merce.” 1 The Defendants insists that the loan and insurance transactions clearly do not “substantially affect interstate commerce.”

The Defendants fail to recognize that the Supreme Court has addressed this very issue in Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56-58, 123 S.Ct. 2037, 156 L.Ed.2d 46 (2003). The Supreme Court explained that “application of the FAA [is not] defeated because the individual debt-restructuring transactions, taken alone, did not have a ‘substantial effect on interstate commerce.’ ” Id. at 56, 123 S.Ct. 2037 (citations omitted). Rather, “Congress Commerce Clause power ‘may be exercised in individual cases without showing any specific effect upon interstate commerce’; if in the aggregate the economic activity in question would represent ‘a general practice ... subject to federal control.’” Id. at 56-57, 123 S.Ct. 2037 (citations omitted). “Only that general practice need bear on interstate commerce in a substantial way.” Id. at 57, 123 S.Ct. 2037 (citation omitted).

The Court specifically recognized the impact commercial lending has on the national economy. Id. at 58, 123 S.Ct. 2037 (“No elaborate explanation is needed to make evident the broad impact of commercial lending on the national economy or Congress’ power to regulate that activity pursuant to the Commerce Clause.”). Additionally, the court rejected the foundation of the Defendant’s argument based on the prior holding in U.S. v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). Alafabco, 539 U.S. at 58, 123 S.Ct. 2037 (“nothing in our decision in Lopez suggests that those [congressional] limits are breached by applying the FAA to the disputes arising out of the commercial loan transactions in this case.”).

If there is any lingering doubt as to whether the Plaintiffs’ general practice in the aggregate effects interstate commerce, such doubt would rapidly dissipate upon a cursory view of the obvious. Each Plaintiff is a foreign corporation organized under and principally operating in Florida and Louisiana respectively. Based on the bear facts of this case, other similar cases and an affidavit, it is clear that the Plaintiffs’ activities represent a sufficient interstate nexus to bring the loan and insurance transactions within the province of this Court. The Defendant, conversely, does not present any contradictory evidence. Resultantly, this Court has secured subject matter jurisdiction and may entertain the Plaintiffs’ petition for relief.

2. Standard to Compel Arbitration

Congress provided in the Federal Arbitration Act (“FAA”) that a written agreement to arbitrate, in a contract involving interstate commerce, “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2 (1999). The FAA expresses a strong national policy in favor of arbitration, and any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration. Southland Corp. v. Keating, 465 U.S. 1, 10, 104 S.Ct. 852, 857, 79 L.Ed.2d 1 (1984); Mouton v. Metro. Life Ins. Co., 147 F.3d 453, 456 (5th Cir.1998).

The Fifth Circuit has directed that courts are to perform a two-step inquiry to determine whether parties should be compelled to arbitrate a dispute. R.M. *534 Perez & Assocs., Inc. v. Welch, 960 F.2d 534, 538 (5th Cir.1992). First, the court must determine whether the parties agreed to arbitrate the dispute in question. This determination involves two considerations: (1) whether there is a valid agreement to arbitrate between the parties; and (2) whether the dispute in question falls within the scope of that arbitration agreement. Webb v. Investacorp, Inc., 89 F.3d 252, 257-58 (5th Cir.1996). Once the court finds that the parties agreed to arbitrate, it must then consider whether any federal statute or policy renders the claims nonar-bitrable. R.M. Perez, 960 F.2d at 538.

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Bluebook (online)
343 F. Supp. 2d 529, 2004 U.S. Dist. LEXIS 26572, 2004 WL 2526432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-finance-v-cauthen-msnd-2004.