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The McCarran-Ferguson Act and Reverse Preemption Part IV
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
April 18, 2014
In Am. Bankers Ins. Co. v. Inman,[1] the Fifth Circuit was asked to determine whether Miss. Code Ann. § 83-11-109 (2013)[2] reverse preempts the FAA. Ultimately, the court held that Miss. Code Ann. § 83-11-109 (2013) does in fact reverse preempt the FAA.[3] The appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not reverse preempt the FAA via the McCarran-Ferguson Act.[4] Specifically, the appellant argued that Miss. Code Ann. § 83-11-109 (2013) does not “regulat[e]...
The McCarran-Ferguson Act and Reverse Preemption Part III
April 18, 2014
As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: No Act of Congress shall be construed to invalidate, impair or supersede any law enacted by any State for the purpose of regulating the business of insurance . . . unless such Act specifically relates to the business of insurance . . . .[1] In...
April 18, 2014
As prior discussion suggests, a mechanism for avoiding the preemptive effect of the FAA on state insurance law is found in the McCarran-Ferguson Act, which provides for reverse preemption of federal law by state insurance law in the following manner: No Act of Congress shall be construed to invalidate, impair or supersede any law enacted by any State for the purpose of regulating the business of insurance . . . unless such Act specifically relates to the business of insurance . . . .[1] In...
The McCarran-Ferguson Act and Reverse Preemption Part II
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
The McCarran-Ferguson Act and Reverse Preemption Part I
April 18, 2014
This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically. Reverse preemption of the FAA via the McCarran-Ferguson Act sounds facially confusing at the outset. In order to better understand and flesh-out reverse preemption of the FAA via the McCarran-Ferguson Act, two case studies are presented, namely: one case study finding reverse preemption of the FAA via the McCarran-Ferguson...
April 18, 2014
This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically. Reverse preemption of the FAA via the McCarran-Ferguson Act sounds facially confusing at the outset. In order to better understand and flesh-out reverse preemption of the FAA via the McCarran-Ferguson Act, two case studies are presented, namely: one case study finding reverse preemption of the FAA via the McCarran-Ferguson...
Ethereum – A Revolutionary New Platform for Applications
April 17, 2014
“A new “Lego of crypto-finance” enables users to design social contracts” For more read this article in Aljazeera...
April 17, 2014
“A new “Lego of crypto-finance” enables users to design social contracts” For more read this article in Aljazeera...
Mandatory Mediation Initiative at the Bankruptcy Court for the District of New Jersey
April 17, 2014
At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne McSorley and Laura Kaster. Judge Kaplan described certain rule changes for the court, pursuant to which all adversary proceedings or contested matters initiated after May 1, 2014, will...
April 17, 2014
At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne McSorley and Laura Kaster. Judge Kaplan described certain rule changes for the court, pursuant to which all adversary proceedings or contested matters initiated after May 1, 2014, will...
Employer’s Attempt To Avoid Ongoing Collective Action By Forcing Potential Plaintiffs To Sign Arbitration Agreements Fails
April 17, 2014
In the past year, if I wrote about “FLSA” and “arbitration” in the same post, it likely meant that another federal court had found employers can include class action waivers in their employment contracts without violating the Fair Labor Standards Act. Today, however, is different. The Eleventh Circuit last week found that it was the FLSA that gave the district court sufficient “managerial responsibility” over workers’ collective actions to override an employer’s coercive,...
April 17, 2014
In the past year, if I wrote about “FLSA” and “arbitration” in the same post, it likely meant that another federal court had found employers can include class action waivers in their employment contracts without violating the Fair Labor Standards Act. Today, however, is different. The Eleventh Circuit last week found that it was the FLSA that gave the district court sufficient “managerial responsibility” over workers’ collective actions to override an employer’s coercive,...
Bad Faith Claim Collides With Mediation Confidentiality and Opening Offer
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
April 17, 2014
Assertions that a bank failed to make an offer in good faith during mediation with a homeowner were rejected due to mediation...
Mediation Fees Not Recoverable As Cost
April 17, 2014
Even when court-ordered, mediation is not a recoverable cost in federal litigation under 28 U.S.C. § 1920. Fantroy v. Publix Super Markets, Inc., No. 8:12-cv-1940-T-33EAJ (U.S.D.C. M.D. Fla., February 3, 2014) Mediation fees may not be imposed as costs on the losing party under local rule or practice in Montana. Lazy JC Ranch, LLC v. Donnes, No. DA 13-0249 (Mont., January 28, 2014)
April 17, 2014
Even when court-ordered, mediation is not a recoverable cost in federal litigation under 28 U.S.C. § 1920. Fantroy v. Publix Super Markets, Inc., No. 8:12-cv-1940-T-33EAJ (U.S.D.C. M.D. Fla., February 3, 2014) Mediation fees may not be imposed as costs on the losing party under local rule or practice in Montana. Lazy JC Ranch, LLC v. Donnes, No. DA 13-0249 (Mont., January 28, 2014)
Future of Artificial Intelligence and Law
April 16, 2014
The famed Richard Susskind closed down ReInvent Law NYC with a big look forward, and also a look back, on artificial intelligence in the field of law. It holds a vast multitude of potential for the field, says Susskind, who has long touted – and been correct on – the potential for information technology to push the legal industry forward.
April 16, 2014
The famed Richard Susskind closed down ReInvent Law NYC with a big look forward, and also a look back, on artificial intelligence in the field of law. It holds a vast multitude of potential for the field, says Susskind, who has long touted – and been correct on – the potential for information technology to push the legal industry forward.
