Supreme Court Report

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Michael Scott Anglesey, et al. v. Allied Professionals Insurance Company, A Risk Retention Group, Inc.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-56513 · judgment March 12, 2020

Certiorari denied · November 16, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below, and down for a business respondent.

Questions presented

  1. As to a risk retention group (RRG), does the federal Liability Risk Retention Act of 1986 (LRRA), 15 U.S.C. §3901 et seq., preempt authority of the individual States to enact laws prohibiting mandatory arbitration clauses in insurance contracts when such contracts are issued within the State’s borders?

  2. If so, how then may the individual States effectively ensure jurisdiction over its insured residents for purposes of enforcing the State’s consumer protection laws, tort laws, and/or have the ability to interpret insurance contracts as contemplated under the LRRA?

  3. Does the reverse preemption provision of the McCarran-Ferguson Act (“MFA”), 9 U.S.C. § 1012(b) operate to save the State’s law prohibiting arbitration provisions in insurance contracts as applied to foreign risk retention groups?

Counsel of record

For petitioner
Andrea Jean Clare
Telare Law PLLC

For respondent
Michael Burton Kadish
The Kadish Law Group, P.C.

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 16, 2020 · Certiorari denied

Proceedings

  1. Nov 16 2020
    Motion for leave to file amicus brief filed by National Risk Retention Association GRANTED.
  2. Nov 16 2020
    Petition DENIED.
  3. Oct 28 2020
    DISTRIBUTED for Conference of 11/13/2020.
  4. Oct 14 2020
    Brief of respondent Allied Professionals Insurance Company in support filed.
  5. Oct 13 2020
    Motion for leave to file amicus brief filed by National Risk Retention Association in support of respondent.
  6. Aug 24 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2020.
  7. Aug 21 2020
    Motion to extend the time to file a response from September 14, 2020 to October 14, 2020, submitted to The Clerk.
  8. Aug 10 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)