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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4829
Experience:  Experienced in both state and federal court.
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I am researching a legal memo about vacating an arbitration

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I am researching a legal memo about vacating an arbitration award, and I am so confused about which cases are binding authority. It's about a contract pursuant to the rules of the Federal Arbitration Act between two parties in Denver Colorado regarding commerce and it also says shall be in any district court in jurisdiction. Do I use STATE OR FEDERAL? I already looked at the 10th circuit? I have no idea.

TexLawyer :

Good evening. I'll be assisting you with your question.

Customer:

Thank you!

TexLawyer :

I assume suit would be brought in federal district court, correct?

Customer:

I am not sure that's what I'm confused about also.

TexLawyer :

Since it involves a federal statute, you CAN bring suit in federal court if you think the case law is more favorable. Also, since it inevitably involves state law as well, you can bring suit in state court.

Customer:

I do not need diversity jurisdiction?

TexLawyer :

So, if you bring suit in federal court, federal case law is binding. If you bring suit in state court, sate law is binding.

TexLawyer :

No, one of the ways to get in federal court is to have a "federal question," which can occur when your suit involves a federal statute.

Customer:

AH so if I file in federal court do I look at supreme court cases?

Customer:

or in the district court of Colorado?

TexLawyer :

Yes, you look at supreme court cases as well as 10th Circuit cases.

TexLawyer :

Other Colorado federal district courts are not binding, but they can be persuasive.

Customer:

Okay, and then base my analysis off of their interpretations.

Customer:

Oh my gosh that is exactly where I was getting confused.

TexLawyer :

Yes, you should. You can also use other courts of appeals as persuasive, as well, especially if there isn't anything on point in your court of appeals.

Customer:

Ah excellent yes it is lacking quite a bit from the 10th circuit.

Customer:

Wonderful! thank you so much 1L is tough!

TexLawyer :

It is. It gets easier after that.

Customer:

Thank you again! that's my only question.

TexLawyer :

Here is more info on federal question jurisdiction:

TexLawyer :

Is there anything else I can do for you?

Customer:

PERFECT!!!

Customer:

no so I am just assuming I'm filing it in the 10th circuit just to clarify?

TexLawyer :

You would be filing in a Colorado federal district court. 10th Circuit law is binding on Colorado federal district courts and the case would be appealed to the 10th.

Customer:

Okay perfect that's what I thought, thank you!!!!

TexLawyer :

Glad to help.

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