The McCarran-Ferguson Act and Reverse Preemption Part I
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This paper discusses the McCarran-Ferguson Act generally, the Federal Arbitration Act (“FAA”) generally, and the reverse preemption of the FAA via the McCarran-Ferguson Act specifically. Reverse preemption of the FAA via the McCarran-Ferguson Act sounds facially confusing at the outset. In order to better understand and flesh-out reverse preemption of the FAA via the McCarran-Ferguson Act, two case studies are presented, namely: one case study finding reverse preemption of the FAA via the McCarran-Ferguson Act and one case study not finding reverse preemption of the FAA via the McCarran-Ferguson Act. These two case studies, when read together, present an important principle.
Moreover, this paper addresses current issues surrounding the McCarran-Ferguson Act. Specifically, the possible implications that may be drawn from the recent enactment of the Patient Protection and Affordable Care Act (“PPACA”).
Read original articleTags: McCarran-Ferguson Act
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