2037 ("nothing in our decision in Lopez suggests that those limits are breached by applying the FAA to the disputes arising out of the commercial loan transactions in this case."). Additionally, the court rejected the foundation of the Defendant's argument based on the prior holding in U.S. 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."). The Court specifically recognized the impact commercial lending has on the national economy. "Only that general practice need bear on interstate commerce in a substantial way." Id at 57, 123 S. 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. The Supreme Court explained that "application of the FAA defeated because the individual debt-restructuring transactions, taken alone, did not have a `substantial effect on interstate commerce.'" Id. The Defendants fail to recognize that the Supreme Court has addressed this very issue in Citizens Bank v. 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 commerce." *533 The Defendants insists that the loan and insurance transactions clearly do not "substantially affect interstate commerce." This action is based upon diversity jurisdiction and there is no argument that diversity and the requisite amount in controversy is lacking. (holding that " 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."). The Fifth Circuit has made it clear that the FAA alone does not confer federal jurisdiction. Federal jurisdiction, however, is not evoked by merely citing a federal statute. The Plaintiffs filed their petition to compel arbitration pursuant to the Federal Arbitration Act ("FAA"). The Defendants argue, inter alia, that the arbitration agreement was fraudulently obtained and is, therefore, not enforceable.īefore addressing the merits of the Plaintiffs' motion, the Court must secure jurisdiction to make such determinations. 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. In connection with execution of the loan documents, the Defendants signed arbitration agreements. 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. Upon due consideration, the Court finds that the motion should be granted. Presently before the Court is the Plaintiffs' motion to compel arbitration pursuant to Section Four of the Federal Arbitration Act. OPINION GRANTING MOTION TO COMPEL ARBITRATION Sandra Heskin, Eagan, MN, for American Heritage Life Insurance Company, Plaintiff. Liechty, Starnes & Atchison, LLP, Birmingham, AL, Ms. Leech, McGlinchey Stafford, Jackson, for American Heritage Life Insurance Company, First Colonial Insurance Company, Republic Finance, LLC, Plaintiffs. Harlow, Starnes & Atchison, LLP, Birmingham, AL, for American Heritage Life Insurance Company, First Colonial Insurance Company, Plaintiffs. Gordon, Jr., Mitchell, McNutt & Sams, PA, Jackson, for American Heritage Life Insurance Company, First Colonial Insurance Company, Republic Finance, LLC, Plaintiffs.Īnthony C. Chastain, Jr., Kean Miller Hawthorne, D'Armond McCowan & Jarman, Baton Rouge, LA, for Republic Finance, LLC, Plaintiff. Gandy, Tim Cauthen, Officer Willie Harris, Defendants. *532 Hubert Allen Bernard, Jr., Cofer & Associates, PA, Jackson, MS, for Antonio Mallet, Cantrelly Lucious Patterson, Davie Maurice Simpson, Dorothy Cooperwood, Ruby Sharkey, T.J.
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