The Third Circuit held today that civil claims under the Racketeer-Influenced and Corrupt Organizations Act didn’t run afoul of "reverse pre-emption" under the McCarran-Ferguson Act.  The M-F Act bars courts from reading any federal statute to "invalidate, impair, or supersede" any state law "enacted . . . for the purpose of regulating the business of insurance".  The court analyzed the compatability of New Jersey’s insurance laws with the RICO claims and concluded that they could co-exist in harmony.  Weiss v. First Unum Life Ins. Co., 05-5428 (3d Cir. Apr. 3, 2007).

Barry Barnett

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