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Category: Arbitration

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Payor-Provider Alert: District Courts Turn Away Insurer Challenges to No Surprises Act Awards, and Three Circuits Will Decide Whether the Door Stays Shut

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Anthem Blue Cross Life & Health Insurance Co. v. HaloMD LLC, No. 8:25-cv-01467-KES, 2026 WL 982629 (C.D. Cal. Apr. 9, 2026), appeal docketed, No. 26-2355 (9th Cir. Apr. 16, 2026) | Aetna Health Inc. v. Radiology Partners, Inc., No. 3:24-cv-1343-BJD-LLL (M.D. Fla. Apr. 16, 2026), appeal docketed, No. 26-11607 (11th Cir. May 8, 2026) | […]

CONTINUE READING Payor-Provider Alert: District Courts Turn Away Insurer Challenges to No Surprises Act Awards, and Three Circuits Will Decide Whether the Door Stays Shut 17 min read
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Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards

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East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., No. 25-2204, ___ F.4th ___ (2d Cir. Sept. 17, 2026), aff’g Nos. 25 Civ. 255, 25 Civ. 1686, 2025 WL 2371537 (S.D.N.Y. Aug. 14, 2025) | Guardian Flight, L.L.C. v. Health Care Service Corp., 140 F.4th 271 (5th Cir. 2025) Healthcare / […]

CONTINUE READING Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards 13 min read
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Arbitration Alert: Five Faces of Finality

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Introduction Courts enforce arbitration agreements and review awards narrowly. It is, therefore, notoriously difficult to overturn an unfavorable arbitration award – the grounds are narrow by statute, and courts are loath to expand the grounds by judicial fiat. This past summer brought five decisions in under two months that turned away five different theories: functus […]

CONTINUE READING Arbitration Alert: Five Faces of Finality 19 min read
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Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients

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Arbitration (US and International) / Case Management and Advocacy Introduction Arbitral institutions are competing on efficiency — the ICC’s revised Rules took effect June 1, 2026 with a highly expedited track and codified early determination, and the AAA amended its Commercial Rules in 2022 to make arbitrators weigh the cost of a dispositive motion before […]

CONTINUE READING Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients 5 min read
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