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Continuing Care Risk Retention Group, Inc. v. Jacob Benson, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16829 · judgment November 20, 2023


Certiorari denied · May 28, 2024
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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?

Counsel of record

For petitioner
Michael J. Schroeder
Michael J. Schroeder P.C.

For respondent
David R. Schwartz
Udall Shumway, PLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. May 28 2024
    Petition DENIED.
  2. May 07 2024
    DISTRIBUTED for Conference of 5/23/2024.
  3. May 07 2024
    Reply of petitioner Continuing Care Risk Retention Group, Inc. filed. (Distributed)
  4. May 01 2024
    Brief amicus curiae of National Risk Retention Association filed.
  5. Apr 23 2024
    Brief of respondents Jacob Benson, et al. in opposition filed.
  6. Mar 28 2024
    Petition for a writ of certiorari filed. (Response due May 1, 2024)