Sunday, July 15, 2007

In re Nexion Health at Humble, Inc., 173 S.W.3d 67 (Tex. 2005)

In re Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center, No. 04-0360 (Tex. Oct. 14, 2005)(per curiam)(suppl. per curiam op. on motion for rehearing) SUPPLEMENTAL PER CURIAM ON MOTION FOR REHEARING OF CAUSE On rehearing, the real party raised for the first time that the Federal Arbitration Act is “reverse preempted” by the McCarran-Ferguson Act, citing for authority the Houston court of appeals decision in In re Kepka. See McCarran-Ferguson Act, 15 U.S.C. § 1012(b); Federal Arbitration Act, 9 U.S.C. § 1, et. seq.; see also In re Kepka, ___S.W.3d___ (Tex. App.—Houston [1st Dist.] 2005). Because this issue has not been reviewed by the courts below, we decline to reach the issue and express no opinion as to the merits of this argument. OPINION DELIVERED: October 14, 2005

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