Community State Bank v. Strong

BY THE COURT:

On September 10, 2007, we granted rehearing en banc of our decision in Community State Bank v. Strong, 485 F.3d 597 (11th Cir.2007), to consider whether a federal court may look through a petition to compel arbitration of a claim in order to determine whether the court has jurisdiction. See Community State Bank v. Strong, 508 F.3d 576 (11th Cir.2007). In the time since we granted rehearing en banc, the Supreme Court has granted certiorari in Discover Bank v. Vaden, 396 F.3d 366 (4th Cir.2005), to decide essentially the same question, and on March 9, 2009, issued its decision in…