Friedman's Inc. v. Dunlap

• Decision Date: 09 May 2002
• Docket Number: No. 01-1407.,01-1407.
• Citation: 290 F.3d 191
• Parties: FRIEDMAN'S, INCORPORATED; American Bankers Insurance Company of Florida; American Bankers Life Assurance Company of Florida, Plaintiffs-Appellants, v. James DUNLAP, Defendant-Appellee.
• Court: U.S. Court of Appeals — Fourth Circuit

290 F.3d 191

FRIEDMAN'S, INCORPORATED; American Bankers Insurance Company of Florida; American Bankers Life Assurance Company of Florida, Plaintiffs-Appellants, v. James DUNLAP, Defendant-Appellee.

No. 01-1407.

United States Court of Appeals, Fourth Circuit.

Argued December 4, 2001.

Decided May 9, 2002.

COPYRIGHT MATERIAL OMITTED

ARGUED:

Charles Leslie Woody, Spilman, Thomas & Battle, P.L.L.C., Charleston, West Virginia, for Appellants. John William Barrett, The Grubb Law Group, Charleston, West Virginia, for Appellee.

ON BRIEF:

Gregory R. Hanthorn, Jones, Day, Reavis & Pogue, Atlanta, Georgia; Farrokh Jhabvala, Jorden Burt, L.L.P., Miami, Florida; P. Michael Pleska, Bowles, Rice, McDavid, Graff & Love, P.L.L.C., Charleston, West Virginia, for Appellants. John W. Barrett, The Grubb Law Group, Charleston, West Virginia; Brian A. Glasser, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge.

Appellants Friedman's, Inc., American Bankers Insurance Company of Florida, and American Bankers Life Assurance Company of Florida (collectively "Friedman's") brought an action against Appellee James Dunlap under the Federal Arbitration Act, see 9 U.S.C.A. §§ 1-16 (West 1999), to compel arbitration of Dunlap's state court claims against Friedman's. The district court concluded that it lacked subject matter jurisdiction because the amount in controversy did not satisfy the $75,000 threshold for federal diversity jurisdiction. See 28 U.S.C.A. § 1332(a) (West 1993 & Supp.2001). We agree this action should be dismissed on jurisdictional grounds, but on slightly different reasoning.

I.

James Dunlap financed a ring for purchase in the amount of $412.66 from Friedman's, Inc., a jewelry company. Dunlap alleges that as part of the transaction he was required to sign a retail installment contract that included, without Dunlap's knowledge, additional charges for "credit life, credit disability and/or property insurance," J.A. 21, and that these insurance products were provided by American Bankers Insurance Company of Florida (ABICF) and American Bankers Life Assurance Company of Florida (ABLACF). He filed an action in West Virginia state court against Friedman's, four employees of Friedman's, and these insurance companies, alleging various claims under state law and seeking actual and punitive damages.¹

The retail installment contract contained an arbitration clause that purported to eliminate punitive damages:

14. ALTERNATIVE DISPUTE RESOLUTION: All disputes, controversies or claims of any kind or nature between Buyer and Seller, arising out of or in connection with the sale of goods financed or refinanced pursuant to the terms of this Agreement, ... or with respect to negotiation of, inducement to enter into, construction of, performance of, enforcement of, or breach of, effort to collect the debt evidenced by, the applicability of the arbitration clause in, or the validity of this Agreement ... shall be resolved by arbitration in the state in which this Agreement is entered into... in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.... No arbitrator may make an award of punitive damages.

J.A. 67.

Based on this arbitration clause, the defendants in the West Virginia state court action moved for the state court to order arbitration. Dunlap contended that he never agreed to the arbitration provision in the installment sales contract. The defendants urged the state court to order arbitration based, at least in part, on the Federal Arbitration Act.

While that motion and Dunlap's underlying claims were pending in state court, Friedman's brought this action in district court to compel arbitration of Dunlap's claims pursuant to the Federal Arbitration Act. See 9 U.S.C.A. §§ 1-16. Dunlap raised in federal court the same defense to the arbitration clause that he raised in state court, and the parties agree that the Federal Arbitration Act applies in both the state and federal actions.

Dunlap moved to dismiss Friedman's federal action to compel arbitration for lack of subject matter jurisdiction, arguing that the action did not meet the amount in controversy requirement for federal jurisdiction based on diversity of citizenship. See 28 U.S.C.A. § 1332(a).² The district court granted Dunlap's motion and dismissed the action to compel arbitration. Focusing on the bar to punitive damages contained in the arbitration clause, the district court concluded that the arbitrator would be limited to awarding an amount for actual damages and statutory penalties. The district court found that "the possible award that might reasonably result from arbitration, were the petition granted, will not exceed eight thousand dollars ($8,000)." J.A. 127. Thus, the district court held that Friedman's, ABICF and ABLACF "failed to bring forward competent proof to satisfy their burden that the amount in controversy with regard to Dunlap's claims, which might reasonably be awarded in the arbitration that they seek, exceeds [$75,000]." J.A. 127. Less than two weeks after the district court entered its order of dismissal, the West Virginia state court granted Friedman's motion to compel arbitration. Friedman's, ABICF and ABLACF now appeal the district court's dismissal of the action to compel arbitration under the Federal Arbitration Act.

II.

The district court concluded that it lacked subject matter jurisdiction because the amount in controversy failed to reach the $75,000 threshold to federal court. We also conclude that federal jurisdiction is lacking, but we need not reach the amount in controversy issue in coming to this conclusion inasmuch as another jurisdictional defect exists.³

Despite getting in state court what it is now seeking in federal court — an order that Dunlap's underlying claims be submitted to arbitration — Friedman's still insists that we can and should permit his federal lawsuit to continue. Indeed, Friedman's argued to the state court that it was required by the Federal Arbitration Act to enforce the arbitration clause and order the parties to arbitration on Dunlap's claims, which is all that Friedman's argues in federal court.⁴ Friedman's argues that the federal action should continue because Dunlap has appealed the state court's order to arbitrate to the West Virginia Supreme Court of Appeals. In other words, Friedman's is hedging its bets: it wants a federal order compelling arbitration at the ready in case the West Virginia Supreme Court of Appeals decides that Dunlap's claims are not subject to arbitration and reverses the decision of the lower state court.

That is not something we can do under the Rooker-Feldman doctrine. Although the Rooker-Feldman doctrine was not discussed by the parties, it too is a jurisdictional doctrine that may be raised by the court sua sponte, see Jordahl v. Democratic Party of Va., 122 F.3d 192, 197 n. 5 (4th Cir.1997), and may be considered for the first time on appeal, see Plyler v. Moore, 129 F.3d 728, 731 n. 6 (4th Cir.1997). Because the Rooker-Feldman doctrine is jurisdictional, we are obliged to address it before proceeding further in our analysis. See Stanton v. District of Columbia Court of Appeals, 127 F.3d 72, 75 (D.C.1997) ("Because it is jurisdictional, we first consider the Rooker-Feldman doctrine...." (emphasis added)); Neal v. Wilson, 112 F.3d 351, 356 (8th Cir.1997) (explaining that "to the extent that any portion of [the] complaint survived the jurisdictional bar of the Rooker-Feldman doctrine, the district court correctly ruled that Younger abstention was warranted").

The Rooker-Feldman doctrine⁵ generally prohibits lower federal courts from reviewing state court decisions; "rather, jurisdiction to review such decisions lies exclusively with superior state courts and, ultimately, the United States Supreme Court." Plyler, 129 F.3d at 731. Under the Rooker-Feldman doctrine, lower federal courts may not consider either "issues actually presented to and decided by a state court" or "constitutional claims that are inextricably intertwined with questions ruled upon by a state court." Id. (internal quotation marks omitted). Federal courts are divested of jurisdiction "where entertaining the federal claim should be the equivalent of an appellate review of the state court order." Jordahl, 122 F.3d at 202 (alterations and internal quotation marks omitted). Rooker-Feldman applies when the federal action "essentially amounts to nothing more than an attempt to seek review of [the state court's] decision by a lower federal court." Plyler, 129 F.3d at 733. Thus, "when a party sues in federal district court to read-judicate the same issues decided in the state court proceedings, that action is in essence an attempt to obtain direct review of the state court decision ... in contravention of Rooker-Feldman." Brown & Root, 211 F.3d at 201. The label attached to the federal court action will rarely, if ever, be important, since a party that is seeking in federal court to readjudicate an issue decided in state court is unlikely to say so.

The Rooker-Feldman doctrine is premised largely upon 28 U.S.C.A. § 1257(a), which "[t]he Rooker-Feldman doctrine interprets ... as ordinarily barring direct review in the lower federal courts of a decision reached by the highest state court." ASARCO, Inc. v. Kadish, 490 U.S. 605, 622, 109 S.Ct. 2037, 104 L.Ed.2d 696 (1989) (emphasis added). However, we view the doctrine to also preclude review of adjudications by lower state courts as well. See Jordahl, 122 F.3d at 199 ("[T]he Rooker-Feldman doctrine precludes not only review of adjudications of the state's...