Karl Bayer's Disputing Blog

Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute

By Beth Graham - April 10, 2014

The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.

Online Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part I

By Renee Kolar - April 10, 2014

Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon.

THE MCCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART V

By Renee Kolar - April 9, 2014

In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2]

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART IV

By Renee Kolar - April 8, 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 McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART III

By Renee Kolar - April 7, 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:

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART II

By Renee Kolar - April 4, 2014

Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1] Incorporating both statutory law and common law, arbitration in the early 1900s was described by one individual as “robust and active,” with most states having adopted arbitration statutes by this period.

THE McCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART I

By Renee Kolar - April 3, 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.

The Future of Class Arbitration Part III

By Renee Kolar - April 2, 2014

In addition to a lack of clarity regarding the avenues through which class arbitration may survive, debate surrounding class arbitration will likely continue, which will fuel uncertainty about class arbitration’s future.

The Role of Arbitrators as Ethics Enforcers

By Beth Graham - April 1, 2014

Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, has published Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, University of Louisville Law Review, Vol. 52, No. 442, 2014.

The Future of Class Arbitration Part II

By Renee Kolar - April 1, 2014

In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.