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Issue #139, October 2019

Ga. Federal Court Dismisses Petition to Confirm Interim Award

Guest contributor Alex Silverman discusses the Northern District of Georgia's recent holding that because an interim award did not definitively dispose of any independent claim submitted to arbitration, the court lacked subject-matter jurisdiction over a petition to confirm the award.


9th Cir. Reverses Dismissal of Case Involving Foreign Arbitration Award

Guest contributor Benjamin Stearns of Carlton Fields discusses the 9th Circuit U.S. Court of Appeals' ruling that foreign decisions should be accorded deference unless an underlying issue renders the judgment suspect.


High Court Declines to Decide Whether Stay is Required After Claims Sent to Arbitration

Despite a circuit split, the U.S. Supreme Court has declined to weigh in on the question of whether a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration.


Action Targeting Applied Underwriters Reinsurance Participation Agreement Dismissed

The plaintiffs in a Nebraska federal case involving a workers’ compensation insurance program and accompanying reinsurance participation agreement have dropped their claims against Applied Underwriters Inc. and its captive reinsurer.


Insurance Fund Appealing Award of Summary Judgment to Railroad in Mine Damages Case

An Illinois insurance fund is appealing a federal trial court’s award of summary judgment to a railroad company in a reinsurance dispute over payments for mine subsidence damages.


Reinsurers Oppose Lamorak’s Motion to Compel Discovery of Olin Settlement Info

London Market Reinsurers (LMR) have opposed Lamorak Insurance Co.’s motion compel them to produce documents and interrogatories relating to its 2009 settlement of pollution claims with Olin Corp., arguing that a Massachusetts state court has already determined that the information is not discoverable.


Judge Refuses to Dismiss Lawsuit Against Puerto Rican Insurance Regulators

A Puerto Rico federal judge has refused to dismiss a lawsuit filed by the owners of Integrand Assurance Co. against Puerto Rican insurance regulators, accusing them of conspiring to harm the insurer’s reputation and hamper its ability to regain financial stability in the wake of hurricane-related losses.


HHS’s Offset of Insolvent Insurer’s Debt Violated Colo. Law, Federal Judge Rules

A federal judge has ruled that Colorado law bars the U.S. Department of Health and Human Services from using money owed to an insolvent insurer to pay sums the insurer owes under the Patient Protection and Affordable Care Act’s (ACA) reinsurance and risk-adjustment programs.


2nd Circuit Confirms Arbitration Awards That Are (Literally) Out of This World

Guest contributor Brendan Gooley of Carlton Fields examines the 2nd Circuit's affirmation of a lower court's ruling that an arbitration panel did not exceed its power in awarding damages in a dispute over ownership of a geostationary satellite.


Litigants May Obtain Documents Outside of U.S. for Foreign Legal Proceedings, 2nd Cir. Rules

A federal appeals court has ruled that 28 U.S.C. § 1782 may be used to obtain documents outside of the United States to be used in legal proceedings abroad, holding that there is no per se bar to the extraterritorial application of the statue.


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