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Sixth Circuit Rejects Reverse Preemption Argument
Health Plan Law 
[Guidance Overview] Oct. 26, 2008
Excerpt: Brown v. Cassens, 2008 U.S. App. LEXIS 21990, *; 2008 FED App. 0385P (6th Cir.), (October 23, 2008) might not first appear as a likely choice for this board's case review, but it actually is quite pertinent. At the outset, note that the preemption under discussion here is not ERISA preemption, but preemption under the McCarran-Ferguson Act. One of the key issues before the Sixth Circuit in Cassens was whether the McCarran-Ferguson Act, 15U.S.C. § 1012 'reverse preempted' the plaintiffs' RICO claims.
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