Legal Opinion

McDonnel Group, L.L.C. v. Certain Underwriters at

Court of Appeals for the Fifth Circuit

Decided May 13, 2019No. 18-30817PublishedCited by 72 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

*429 In this appeal, relating to arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1 we address whether a "conformity to statute" provision 2 amends the insurance contract so as to conform with a conflicting, but preempted, state statute forbidding arbitration in insurance contracts.

McDonnel Group, L.L.C. purchased an insurance policy from the defendants that included a written agreement to arbitrate disputes. After the Insurers denied McDonnel's claim, McDonnel initiated this declaratory and breach of contract action in…

2Cases cited12 opinions

  1. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  2. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
  3. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  4. Lane v. HalliburtonCourt of Appeals for the Fifth Circuit · 2008
  5. Ambraco, Inc. v. Bossclip B.V.Court of Appeals for the Fifth Circuit · 2009

7 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Elldakli v. GarlandCourt of Appeals for the Fifth Circuit · 2023
  2. Cure & Assoc v. LPL FinancialCourt of Appeals for the Fifth Circuit · 2024
  3. Burnett Specialists v. CowenCourt of Appeals for the Fifth Circuit · 2025
  4. 1010 Common, LLC v. Certain Underwriters at Lloyd's, LondonDistrict Court, E.D. Louisiana · 2020
  5. 3131 Veterans Blvd LLC v. Indian Harbor Insurance CompanyDistrict Court, E.D. Louisiana · 2024

67 more not listed; retrieve them via the Exa API.

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