FOLLOW US

Tue

August 4, 2026

America May 8, 2025 3 mins read

2nd Circuit Backs Insurers in Louisiana Hurricane Arbitration Clash

America ı By Rihem Akkouche

0 Comments

Louisiana Hurricane Damage 2nd Circuit

In a dramatic reversal of its own precedent, the U.S. Court of Appeals for the Second Circuit on Thursday reignited a legal firestorm by siding with surplus insurers seeking to enforce arbitration over massive property damage claims tied to Hurricane Ida in Louisiana—shaking the foundation of long-held interpretations of international law.

A Storm of Legal Tension

The heart of the case lies in the insurers’ bid to compel arbitration under the New York Convention, an international treaty that compels member nations to honor arbitration agreements across borders. But standing in their path was a Louisiana state law forbidding arbitration of insurance disputes—seemingly shielded by the McCarran-Ferguson Act, which prioritizes state insurance laws over conflicting federal statutes.

Yet in a thunderbolt ruling, the Second Circuit declared that the McCarran-Ferguson Act does not override the New York Convention in this context. Why? Because, the court held, the treaty is self-executing, meaning it required no additional congressional action to become enforceable—an interpretation now validated by the U.S. Supreme Court's 2008 ruling in Medellín v. Texas.

Shifting the Legal Ground

The three-judge panel—composed of U.S. Circuit Judges Gerard E. Lynch, Beth Robinson, and Sarah A.L. Merriam—flatly overturned its earlier decision in Stephens v. American International Insurance Co., acknowledging that Medellín had reshaped the legal lens for judging treaty enforcement.

“The principal question before this court is whether our reasoning in Stephens has been fatally undermined,” the panel wrote. “We conclude that it has been.”

Applying the Medellín test, the court concluded that Article II, Section 3 of the New York Convention obligates courts to send cases to arbitration—unless the arbitration agreement itself is “null and void, inoperative or incapable of being performed.”

Hurricane Ida’s Legal Ripples

The underlying lawsuit involves claims brought by 3131 Veterans Blvd. LLC and Mpire Properties LLC against Lloyd’s of London surplus lines insurers. The dispute centers on commercial property damage incurred when Hurricane Ida ravaged parts of Louisiana in August 2021.

While the property owners sued the insurers in Louisiana state court, the insurers fired back by seeking to enforce arbitration clauses in New York—setting up a legal conflict spanning state, federal, and international law.

Industry Implications: Arbitration Winds May Shift

This ruling not only hands a victory to the insurers—represented by Jeffrey S. Weinstein, David A. Nelson, and Jack R. Barton of Mound Cotton Wollan & Greengrass LLP—but may chart a new course for future insurance disputes involving international policies.

Opposing counsel for 3131 Veterans, William A. Barousse of the Voorhies Law Firm, now faces the challenge of navigating a terrain where domestic protections may yield to the power of global arbitration.

As legal observers digest the Second Circuit’s shift, the message is clear: in the legal tempest of hurricane litigation, treaties like the New York Convention may now pack a far stronger gale.

Previous Article

Reaves Law Hit with $3.27M Verdict in Retaliation Case

Read More
4427 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 01, 2026
Mail Carrier Accused of Pocketing Stranger’s $2,600 Jackpot
By – Rihem Akkouche
America August 01, 2026
Westinghouse Electric Files for IPO
By – Rihem Akkouche
America July 31, 2026
Kean University Hit With Class Claims Over Data Breach
By – Rihem Akkouche
America July 31, 2026
Space-Eyes to Go Public in $638 Million SPAC Merger
By – Rihem Akkouche
Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America July 31, 2026
California, Arizona, Nevada would face Colorado…

The Colorado River has been running low for years, and…

By – Rihem Akkouche
America July 31, 2026
Alimentation Couche-Tard Inks $8.6B Deal For…

Alimentation Couche-Tard Inc. just made its boldest move yet, announcing…

By – Rihem Akkouche
America July 31, 2026
Netflix sued for $105M over stolen…

An unreleased World War II spy film starring Nicolas Cage…

By – Rihem Akkouche
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
High Profile Court Cases July 31, 2026
Colin Gray Gets 15 Years After…

Colin Gray received a 15-year prison sentence Thursday, far below…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 31, 2026
Scouting America Jamboree Drops Diversity Spaces

The Scouting America diversity rollback has reached the organization’s National…

By – Michallie Harrison
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America July 28, 2026
Lindsey Graham Remembered by Trump as…

 WASHINGTON — President Donald Trump remembered Lindsey Graham as a…

By – Jackie Allen
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 27, 2026
Hiring Increase as U.S. Companies Recalibrate…

A surprising Hiring Increase is emerging at some of America’s…

By – Jackie Allen
America July 26, 2026
Kacy Corso Pleads in the Stony…

Kacy Corso, 34, of East Setauket, pleaded guilty in July…

By – Jackie Allen
America July 26, 2026
Kaylee Hottle Dies at 18 After…

Kaylee Hottle, a rising deaf actress celebrated for her breakthrough…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Lululemon Murder: Part II — Forensic…

Editor’s Note: This is Part II of an ongoing series…

By – Jackie Allen
America July 24, 2026
Lululemon Murder: Brutal Killing of Jayna…

More than 15 years after a young retail manager was…

By – Jackie Allen
America July 30, 2026
Insurer Moves to Block $10M Punitive-Damages…

INSIDE THIS REPORT Twin City Fire Insurance seeks a ruling…

By – Samuel Lopez
America July 30, 2026
Disney and James Cameron Move to…

INSIDE THIS REPORT Disney says Neytiri was modeled on Zoe…

By – Samuel Lopez
America July 30, 2026
Defense Lawyers Warned: Use AI or…

INSIDE THIS REPORT Defense lawyers are being urged to adopt…

By – Samuel Lopez
America July 30, 2026
Could Diddy Still Cooperate? Federal Law…

INSIDE THIS REPORT A federal prison sentence does not necessarily…

By – Samuel Lopez
Entertainment July 29, 2026
Children of Blood and Bone Author…

Paramount Pictures is promoting the Children of Blood and Bone…

By – Michallie Harrison
America July 29, 2026
Grant Thornton To Buy CBIZ in…

In a move poised to redraw the map of the…

By – Rihem Akkouche
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen
America July 20, 2026
Hannah Rapp Dies at 26 After…

 Hannah Rapp, a rising professional boxer who earned a shot…

By – Jackie Allen
America July 19, 2026
World Cup Thriller: England Outlasts France…

World Cup history gained another unforgettable chapter Saturday as England…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter