No. 23-1066

Continuing Care Risk Retention Group, Inc. v. Jacob Benson, et al.

Lower Court: Ninth Circuit
Docketed: 2024-04-01
Status: Denied
Type: Paid
Amici (1)
Tags: arbitration arbitration-rights civil-procedure federal-arbitration-act federal-preemption insurance-business insurance-regulation liability-risk-retention-act mccarran-ferguson-act preemption risk-retention-groups statutory-interpretation
Key Terms:
Arbitration Securities Privacy
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Can Arizona's anti-arbitration garnishment statute reverse preempt the Liability Risk Retention Act of 1986 as to divest foreign risk retention groups of their contractually bargained for right to arbitration?

Question Presented (from Petition)

QUESTION PRESENTED Can Arizona’s anti-arbitration garnishment statute A.R.S. § 12-1584, which itself violates the Federal Arbitration Act, reverse preempt the Liability Risk Retention Act of 1986, 15 U.S.C. § 3901 et seq. as to divest foreign risk retention groups operating in Arizona of their contractually bargained for right to arbitration as a means of resolving insurance coverage disputes?

Docket Entries

2024-05-28
Petition DENIED.
2024-05-07
DISTRIBUTED for Conference of 5/23/2024.
2024-05-07
Reply of petitioner Continuing Care Risk Retention Group, Inc. filed. (Distributed)
2024-05-01
2024-04-23
2024-03-28

Attorneys

Continuing Care Risk Retention Group, Inc.
Michael J. SchroederMichael J. Schroeder P.C., Petitioner
Michael J. SchroederMichael J. Schroeder P.C., Petitioner
Jacob Benson, et al.
David R. SchwartzUdall Shumway, PLC, Respondent
David R. SchwartzUdall Shumway, PLC, Respondent
National Risk Retention Association
Joseph Edmund DeemsDeems Law Offices, APC, Amicus
Joseph Edmund DeemsDeems Law Offices, APC, Amicus