No. 20-299

Milliman, Inc. v. James J. Donelon, Commissioner of Insurance for Louisiana, in His Capacity as Rehabilitator of Louisiana Health Cooperative, Inc.

Lower Court: Louisiana
Docketed: 2020-09-08
Status: Denied
Type: Paid
Amici (2)Response RequestedRelisted (2)
Tags: arbitration contract-arbitration federal-arbitration-act forum-selection-clause insurance-insolvency insurance-regulation mccarran-ferguson-act preemption state-regulation
Latest Conference: 2021-02-26 (distributed 2 times)
Question Presented (from Petition)

Whether the Federal Arbitration Act (the "FAA") preempts the state's forum selection clause and requires the commissioner to arbitrate these pre-insolvency damages claims against a non-policyholder, or whether the arbitration of these claims impairs or interferes with the state's regulation of the business of insurance, such that the state's forum selection clause reverse preempts the FAA pursuant to Section 2(b) of the McCarran-Ferguson Act?

Question Presented (AI Summary)

Whether the Federal Arbitration Act (the 'FAA') preempts the state's forum selection clause and requires the commissioner to arbitrate these pre-insolvency damages claims against a non-policyholder, or whether the arbitration of these claims impairs or interferes with the state's regulation of the business of insurance, such that the state's forum selection clause reverse preempts the FAA pursuant to Section 2(b) of the McCarran-Ferguson Act?

Docket Entries

2021-03-01
Motion for leave to file amicus brief filed by the American Institute of Certified Public Accountants GRANTED.
2021-03-01
Petition DENIED.
2021-02-12
Reply of petitioner Milliman, Inc. filed. (Distributed)
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-01-27
Brief of respondent James J. Donelon, Commissioner of Insurance for the State of Louisiana, in his Capacity as Rehabilitator of Louisiana Health Cooperative, Inc. in opposition filed.
2020-12-03
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
2020-12-02
Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
2020-11-25
Response Requested. (Due December 28, 2020)
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-10-08
Motion for leave to file amicus brief filed by The American Institute of Certified Public Accountants.
2020-09-23
Application (20A39) denied by Justice Alito.
2020-09-03
Petition for a writ of certiorari filed. (Response due October 8, 2020)
2020-09-03
Application (20A39) for a stay pending the disposition of the petition for a writ of certiorari, submitted to Justice Alito.

Attorneys

James J. Donelon, Commissioner of Insurance for the State of Louisiana, in his Capacity as Rehabilitator of Louisiana Health Cooperative, Inc.
Joseph Elton Cullens Jr.Walters, Papillion, Thomas, Cullens, LLC, Respondent
Milliman, Inc.
Reid L. AshinoffDentons US LLP, Petitioner
Justin Nessim KattanDentons US LLP, Petitioner
The American Institute of Certified Public Accountants
Elbert LinHunton Andrews Kurth LLP, Amicus