This week, the Court addresses whether a court or an arbitrator
must consider a sovereign immunity defense to arbitration, and
applies the False Claims Act to a defendant's allegedly
fraudulent Medicare billing practices.
CAREMARK, LLC v. CHICKASAW
NATION
The Court holds that an Indian tribe's sovereign immunity
and statutory challenges to the arbitrability of a contract dispute
were properly delegated to an arbitrator for resolution in the
first instance.
Panel: Judges Wallace, Boggs (CA6), and
Friedland, with Judge Friedland writing the opinion.
Key Highlight: "The Nation's proposed
approach here would put the cart before the horse, requiring us to
resolve whether there has been a waiver of tribal immunity for
particular claims for which arbitration is sought before
determining whether an arbitration agreement exists at
all."
