Allied Professionals Insurance v. Joanne Kong

Good Law
492 F. App'x 749
United States Court of Appeals for the Ninth CircuitAugust 16, 201210-56968California872 words

Opinion

Opinion

MEMORANDUM

Joanne Kong appeals the district court’s order affirming an arbitration award in favor of Allied Professionals Insurance Company. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Middle District of Florida Ruling

As an initial matter, because “appeals from reviewable decisions of the district ... court[ ] shall be taken to ... the court of appeals for the circuit embracing the district,” 28 U.S.C. § 1294 (emphasis added), we do not reach Kong’s assertion that the District Court for the Middle District of Florida erred by denying Kong’s motion to remand and by granting Allied’s motion to compel arbitration. Accordingly, this disposition has no preclusive effect on Kong’s arguments that this case should be remanded to Florida state court because the District Court for the Middle District of Florida lacked subject matter jurisdiction under 28 U.S.C. § 1332 (c); and that under the McCarran-Ferguson Act, 15 U.S.C. § 1012 (b), Florida’s insurance law reverse preempts the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16 , and prohibited the District Court for the Middle District of Florida from compelling arbitration in Orange County, California.

II.…

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