No. 23-1066
Continuing Care Risk Retention Group, Inc. v. Jacob Benson, et al.
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
Latest Conference:
2024-05-23
Question Presented (from Petition)
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?
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?
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
Brief amicus curiae of National Risk Retention Association filed.
2024-04-23
Brief of respondents Jacob Benson, et al. in opposition filed.
2024-03-28
Petition for a writ of certiorari filed. (Response due May 1, 2024)
Attorneys
Continuing Care Risk Retention Group, Inc.
Michael J. Schroeder — Michael J. Schroeder P.C., Petitioner
Jacob Benson, et al.
David R. Schwartz — Udall Shumway, PLC, Respondent
National Risk Retention Association
Joseph Edmund Deems — Deems Law Offices, APC, Amicus