| 23-1066 |
Continuing Care Risk Retention Group, Inc. v. Jacob Benson, et al. |
Ninth Circuit |
2024-04-01 |
Denied |
Amici (1) |
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 |
Can Arizona's anti-arbitration garnishment statute reverse preempt the Liability Risk Retention Act of 1986 as to divest foreign risk retention groups… |
| 23-258 |
Delaware Department of Insurance v. United States |
Third Circuit |
2023-09-18 |
Denied |
Amici (1) |
business-of-insurance civil-rights federal-law federal-preemption insurance-regulation mccarran-ferguson-act preemption state-authority statutory-interpretation summons-power |
Whether the three statutory factors set forth in the first clause of § 1012(b) are the only proper factors to consider when determining whether a stat… |
| 22-950 |
Dorothy A. Smulley v. Safeco Insurance Company of Illinois, et al. |
Second Circuit |
2023-03-29 |
Denied |
Response Waived |
commerce-clause digital-transactions due-process insurance-valuation interstate-commerce mccarran-ferguson-act public-interest securities-exchange-commission software-as-a-service standing |
Whether personal motor vehicle physical damage (MVPD) insurance valuations performed by a third party Software as a Service (SaaS) company over the In… |
| 21-708 |
CLMS Management Services Limited Partnership, et al. v. Amwins Brokerage of Georgia, LLC, et al. |
Ninth Circuit |
2021-11-15 |
Denied |
Response Waived |
arbitration-provision federal-arbitration-act foreign-insurer insurance-regulation mandatory-arbitration mccarran-ferguson-act preemption reverse-preemption state-insurance-regulation state-law |
Whether a provision of state law prohibiting mandatory arbitration in a policy of insurance issued by a foreign insurer is preempted by the Federal Ar… |
| 20-748 |
PHI Air Medical, LLC v. Texas Mutual Insurance Company, et al. |
Texas |
2020-12-01 |
Denied |
Amici (3) |
air-ambulance air-carriers airline-deregulation-act mccarran-ferguson-act medicare-rate preemption rate-regulation workers-compensation |
Whether the ADA preempts a state workers' compensation system that limits the prices an air-ambulance company can charge and collect for its air-trans… |
| 20-299 |
Milliman, Inc. v. James J. Donelon, Commissioner of Insurance for Louisiana, in His Capacity as Rehabilitator of Louisiana Health Cooperative, Inc. |
Louisiana |
2020-09-08 |
Denied |
Amici (2)Response RequestedRelisted (2) |
arbitration contract-arbitration federal-arbitration-act forum-selection-clause insurance-insolvency insurance-regulation mccarran-ferguson-act preemption state-regulation |
Whether the Federal Arbitration Act (the 'FAA') preempts the state's forum selection clause and requires the commissioner to arbitrate these pre-insol… |
| 20-249 |
Doug Ommen, in His Capacity as Liquidator of CoOportunity Health, et al. v. Milliman, Inc., et al. |
Iowa |
2020-09-01 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (3) |
arbitration-clause contract-defense contract-defenses equal-footing federal-arbitration-act insurance-liquidation mccarran-ferguson mccarran-ferguson-act preemption state-law-preemption |
Whether the FAA preempts the generally applicable disavowal defense codified in Iowa's Liquidation Act |
| 20-237 |
Old Republic Home Protection Company, Inc. v. William B. Sparks, et al. |
Oklahoma |
2020-08-28 |
Denied |
|
appellate-court-decisions federal-arbitration-act insurance-contracts interstate-commerce mccarran-ferguson-act preemption reverse-preemption state-arbitration-statute |
Whether a state arbitration statute that excludes insurance contracts from its scope can qualify as a 'law enacted by [a] State for the purpose of reg… |
| 20-166 |
Michael Scott Anglesey, et al. v. Allied Professionals Insurance Company, A Risk Retention Group, Inc. |
Ninth Circuit |
2020-08-14 |
Denied |
Amici (2) |
arbitration-clause arbitration-clauses consumer-protection federal-preemption insurance-contract liability-risk-retention-act mccarran-ferguson-act risk-retention-group state-insurance-regulation state-law |
Whether the federal Liability Risk Retention Act preempts state laws prohibiting mandatory arbitration clauses in insurance contracts issued by risk r… |