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CLMS Management Services Limited Partnership, et al. v. Amwins Brokerage of Georgia, LLC, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35428 · judgment August 12, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
Question presented
The McCarran-Ferguson Act provides that no “Act of Congress” shall preempt “any law enacted by any State for the purpose of regulating the business of insurance. . .” 15 U.S.C. § 1012(b). Washington State law prohibits mandatory arbitration provisions in insurance policies. The Federal Arbitration Act (FAA), 9 U.S.C. §§ 201-08, requires arbitration of certain matters involving foreign entities. The question presented is: Whether a provision of state law prohibiting mandatory arbitration in a policy of insurance issued by a foreign insurer is preempted by the Federal Arbitration Act or does the McCarranFerguson Act reverse-preempt the Federal Arbitration Act. (i)
Counsel of record
For petitioner
Michael A. Barcott
Holmes Weddle & Barcott
For respondent
Colleen McCaffrey
Wood Smith Henning and Berman, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 18 2022Petition DENIED.
- Dec 29 2021DISTRIBUTED for Conference of 1/14/2022.
- Dec 18 2021Waiver of right of respondent Amwins Brokerage of Georgia LLC to respond filed.
- Dec 13 2021Waiver of right of respondent Certain Underwriters at Lloyd's, Londaon; C.J.W. & Associates, Inc. to respond filed.
- Nov 10 2021Petition for a writ of certiorari filed. (Response due December 15, 2021)