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213554P.pdf   11/28/2022  Theresa Hursh  v.  DST Systems, Inc
   U.S. Court of Appeals Case No:  21-3554
                          and No:  21-3567
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Arnold and Kelly, Circuit Judges] 
   Civil case - ERISA. The plaintiffs in these 176 consolidated appeals 
   participated in a 401(k) plan provided by defendant, a financial and 
   healthcare services company. Its investments suffered a loss between 2015 
   and 2016, and after winning arbitrations, the plaintiffs brought these 
   actions to confirm their arbitration awards. The district court confirmed 
   the awards and defendant appeals. Held, under Badgerow v. Walter, 142 S. 
   Ct. 1310 (2022), the district court lacked federal question subject matter 
   jurisdiction under either the Federal Arbitration Act or 28 U.S.C. Sec. 
   1331; as it is not clear on this record whether the district court had 
   diversity jurisdiction under 28 U.S.C. Sec. 1332(a)(1), the awards must be 
   vacated and the matters remanded for further proceedings on the question 
   of diversity jurisdiction.