No. 20-237

Old Republic Home Protection Company, Inc. v. William B. Sparks, et al.

Lower Court: Oklahoma
Docketed: 2020-08-28
Status: Denied
Type: Paid
Tags: appellate-court-decisions federal-arbitration-act insurance-contracts interstate-commerce mccarran-ferguson-act preemption reverse-preemption state-arbitration-statute
Key Terms:
Arbitration LaborRelations JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (from Petition)

Whether, in a case involving interstate commerce and a written contract with an arbitration provision that expressly requires application of the FAA, a state arbitration statute that by its terms "shall not apply to *** contracts which reference insurance" (a) qualifies as a "law enacted by [a] State for the purpose of regulating the business of insurance" under the McCarran—Ferguson Act, and (b) can support reverse preemption of the FAA based on an asserted impairment of such a state law.

Question Presented (AI Summary)

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 regulating the business of insurance' under the McCarran-Ferguson Act, and support reverse preemption of the Federal Arbitration Act

Docket Entries

2020-12-07
Petition DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-11-12
Reply of petitioner Old Republic Home Protection Company, Inc. filed.
2020-10-28
Brief of respondents Willia Sparks, et al. in opposition filed.
2020-09-24
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2020.
2020-09-22
Motion to extend the time to file a response from September 28, 2020 to October 28, 2020, submitted to The Clerk.
2020-08-25
Petition for a writ of certiorari filed. (Response due September 28, 2020)

Attorneys

Old Republic Home Protection Company, Inc.
Jay N. VaronFoley & Lardner LLP, Petitioner
Willia Sparks, et al.
Robert Ryan DeligansDurbin, Larimore & Bialick, Respondent