Appeals, Jurisdiction, Insurance Industry

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

ArentFox Schiff on 6/25/2025

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...more

Ninth Circuit Clarifies Amount in Controversy Requirement in Declaratory Judgment Actions Between Insurers and Their Insureds

Sheppard Mullin Richter & Hampton LLP on 3/21/2025

Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in controversy—a key...more

Florida Appeals Court Decisions Week of January 27 - 31, 2025

Carlton Fields on 2/10/2025

U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

Snell & Wilmer on 3/8/2024

On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Fifth Circuit Overturns Receiver’s Settlement Barring Third-Party Claims Against Stanford Financial Insurers

Winstead PC on 6/27/2019

The Fifth Circuit overturned a U.S. District Court’s approval of a settlement between Ralph Janvey, the Receiver for Stanford International Bank, and various insurance company Underwriters, under which the Underwriters had...more

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

Hogan Lovells on 7/30/2018

Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration

Carlton Fields on 1/15/2015

The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more

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