Home -> Law Blog Directory -> Litigation Blogs -> Structured Settlements 4Real
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: Structured Settlements 4RealRapid Settlements "Bootleg" Results in a "Sack" By The Fifth Circuit
By John Darer
The Fifth Circuit Court of Appeals affirmed a District Court ruling in "concluding that a sham arbitration cannot be used as a device to being about an unlawful (structured settlement) transfer." The Court rejected yet another attempt by Rapid Settlements to invoke the Federal Arbitration Act by invoking McCarran Ferguson Act, which relates to the business of insurance. The Fifth Circuit concluded " we are loathe to read the Federal Arbitration Act to provide an end around this dually secured line of protection"
"Fifth Circuit Turns Rapid Settlements into Roadkill?"
The fact that the Fifth Circuit invokes McCarran-Ferguson raises an interesting issue that deserves further exploration, but first some background:
According to Wikipedia, the McCarran-Ferguson Act does not itself regulate insurance, nor does it mandate that states regulate insurance. However, it does empower Congress to pass laws in the future that will have the effect of regulating the "business of insurance." However, federal acts that do not expressly purport to regulate the "business of insurance" will not preempt state laws or regulations that regulate the "business of insurance."
The Act also provides that federal anti-trust laws will not apply to the "business of insurance" as long as the state regulates in that area, but federal anti-trust laws will apply in cases of boycott, coercion, and intimidation.
If the 5th Circuit, by invoking McCarran -Ferguson has concluded that structured settlement transfers are "the business of insurance" then why the heck don't state insurance departments in the Fifth Circuit require that companies such as Rapid Settlements possess licenses to operate in states within the circuit and be subject to truth in advertising laws like the rest of us who engage in the "business of insurance". Following the same logic, what about the other states or circuits which have draw the same conclusion in denying Rapid's attempts to use arbitration to do an "end around" state structured settlement protection acts.
Read "Arb This! Third Circuit to Rapid Settlements" March 2009
Full post as published by Structured Settlements 4Real on May 16, 2009 (boomark / email).
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Further Settlements Reached in Kitec Lawsuit
Kitec Pumbing Further settlements reached in Defective Products Lawsuit
Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements
HRT Lawsuits Pharma Faces Multi Million Dollar Settlements
Delayed Diagnosis Results in $1.1M Settlement
Delayed Diagnosis Results in $1.1M Settlement>
Station Night Club
More Settlements Reached
Catholic Archdiocese
Will Pay $12.6 Million in Sexual Abuse Settlements

All State v. Rapid Settlements
Pacific Life v. Rapid Settlements
Health Plan From Obama Spurs Debate
Cornerstone Releases Report On Settlements
SEC Settlements Decline in 2008







