Eleventh Circuit -- Community State Bank v. James Strong

Where the underlying dispute between the parties has not yet been litigated, efforts to discern federal jurisdiction for a freestanding arbitration claim can look to the underlying potential bases -- since the question has not been litigated, the dimensions of the potential grounds for jurisdiction have not yet been embodied.

State court TKO of arbitration rights as statutory penalty for discovery abuses collaterally estops a federal FAA attempt to compel arbitration.

Community State Bank v. James Strong