Stewart

Stewart v. Blue Cross/Blue Shield of Nevada

Good Law
81 F. App'x 904
United States Court of Appeals for the Ninth CircuitNovember 14, 2003No. 02-16158; D.C. No. CV-98-1238-LDGCalifornia596 words

Opinion

Lead Opinion

ORDER

The Memorandum filed on October 17, 2003, is withdrawn and replaced with the Amended Memorandum filed concurrently with this order.

With the filing of the Amended Memorandum, Plaintiff-Appellant’s petition for panel rehearing is denied.

The mandate shall issue forthwith.

*905 AMENDED MEMORANDUM ***

Plaintiff-Appellant Sara Stewart appeals an order of the district court confirming an arbitration award in favor of DefendantAppellee Rocky Mountain Hospital and Medical Service d/b/a Blue Cross and Blue Shield of Nevada. The district court rejected Stewart’s argument that the Federal Arbitration Act was “reverse preempted” by the MeCarran-Ferguson Act and held that Nevada Revised Statute § 695B.181 could not be applied to invalidate the arbitration agreement. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

As the party who initially requested arbitration, Stewart has waived the right to challenge the enforceability of the arbitration provision pursuant to § 695B.181. 2 See, e.g., Nghiem v. NEC Elec., Inc., 25 F.3d 1437 , 1440 (9th Cir.1994) (reasoning that the party’s “voluntary initiation of arbitration can be interpreted as waiver of any objection he…

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