Parties often prefer to arbitrate disputes rather than litigate in (public) courts. For that reason, the U.S. Supreme Court has considered several arbitration-related challenges in recent years. For example, the court heard argument in November in Badgerow v. Walters—a case presenting the question whether federal courts have subject-matter jurisdiction to confirm or vacate arbitration awards in cases where the only basis for jurisdiction is that the underlying dispute involved federal law.

Denise Badgerow began her employment with REJ Properties in January 2014. At that time, she signed an employment agreement in which she agreed to arbitrate any disputes between herself and the three principals of REJ. In January 2016, Badgerow was terminated. Badgerow filed an arbitration proceeding against the three principals, seeking damages for gender discrimination, violation of Louisiana’s whistleblower statute, and tortious interference of contract. The arbitration panel dismissed all of Badgerow’s claims.